In the Senate of the United States,

November 28, 1995.

Resolved, That the bill from the House of Representatives (H.R. 2539) entitled ‘‘An Act to abolish the Interstate

Commerce Commission, to amend subtitle IV of title 49,

United States Code, to reform economic regulation of transportation, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Interstate Commerce

3 Commission Sunset Act of 1995’’.

4 SEC. 2. AMENDMENT OF TITLE 49.

5 Except as otherwise expressly provided, whenever in

6 this Act an amendment or repeal is expressed in terms of

7 an amendment to, or repeal of, a section or other provision,

8 the reference shall be considered to be made to a section or

9 other provision of title 49, United States Code.
2

HR 2539 EAS

1 SEC. 3. TABLE OF SECTIONS.

2 The table of sections for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Amendment of title 49.

Sec. 3. Table of sections.

TITLE I—TERMINATION OF THE INTERSTATE COMMERCE COMMISSION AND FEDERAL MARITIME COMMISSION; REPEAL OF OBSOLETE AND UNNECESSARY PROVISIONS OF LAW

SUBTITLE A—TERMINATIONS

Sec. 101. Agency terminations.

Sec. 102. Savings provisions.

Sec. 103. References to the ICC in other laws.

Sec. 104. Transfer of functions.

Sec. 105. References to the FMC in other laws.

SUBTITLE B—REPEAL OF OBSOLETE, ETC., PROVISIONS

Sec. 121. Repeal of provisions.

Sec. 122. Coverage of certain entities under other, unrelated Acts not affected.

TITLE II—INTERMODAL SURFACE TRANSPORTATION BOARD

SUBTITLE A—ORGANIZATION

Sec. 201. Amendment to subchapter I.

Sec. 202. Administrative support.

Sec. 203. Reorganization.

Sec. 204. Transition plan for Federal Maritime Commission functions.

SUBTITLE B—ADMINISTRATIVE

Sec. 211. Powers.

Sec. 212. Commission action.

Sec. 213. Service of notice in Commission proceedings.

Sec. 214. Service of process in court proceedings.

Sec. 215. Study on the authority to collect charges.

Sec. 216. Federal Highway Administration rulemaking.

Sec. 217. Transport vehicles for off-road, competition vehicles.

Sec. 218. Destruction of motor vehicles or motor vehicle facilities; wrecking trains.

TITLE III—RAIL AND PIPELINE TRANSPORTATION

Sec. 301. General changes in references to Commission, etc.

Sec. 302. Rail transportation policy.

Sec. 303. Definitions.

Sec. 304. General jurisdiction.

Sec. 305. Railroad and water transportation connections and rates.

Sec. 306. Authority to exempt rail carrier and motor carrier transportation.

Sec. 307. Standards for rates, classifications, etc.

Sec. 308. Standards for rates for rail carriers.

Sec. 309. Authority for carriers to establish rates, classifications, etc.

Sec. 310. Authority for carriers to establish through routes.

Sec. 311. Authority and criteria for prescribed rates, classifications, etc.
3

HR 2539 EAS

Sec. 312. Authority for prescribed through routes, joint classifications, etc.

Sec. 313. Antitrust exemption for rate agreements.

Sec. 314. Investigation and suspension of new rail rates, etc.

Sec. 315. Zone of rail carrier rate flexibility.

Sec. 316. Investigation and suspension of new pipeline carrier rates, etc.

Sec. 317. Determination of market dominance.

Sec. 318. Contracts.

Sec. 319. Government traffic.

Sec. 320. Rates and liability based on value.

Sec. 321. Prohibitions against discrimination by common carriers.

Sec. 322. Facilities for interchange of traffic.

Sec. 323. Liability for payment of rates.

Sec. 324. Continuous carriage of freight.

Sec. 325. Transportation services or facilities furnished by shipper.

Sec. 326. Demurrage charges.

Sec. 327. Transportation prohibited without tariff.

Sec. 328. General elimination of tariff filing requirements.

Sec. 329. Designation of certain routes.

Sec. 330. Authorizing construction and operation of railroad lines.

Sec. 331. Authorizing action to provide facilities.

Sec. 332. Authorizing abandonment and discontinuance.

Sec. 333. Filing and procedure for applications to abandon or discontinue.

Sec. 334. Exceptions.

Sec. 335. Railroad development.

Sec. 336. Providing transportation, service, and rates.

Sec. 337. Use of terminal facilities.

Sec. 338. Switch connections and tracks.

Sec. 339. Criteria.

Sec. 340. Rerouting traffic on failure of rail carrier to serve public.

Sec. 341. Directed rail transportation.

Sec. 342. War emergencies; embargoes.

Sec. 343. Definitions for subchapter III.

Sec. 344. Depreciation charges.

Sec. 345. Records, etc.

Sec. 346. Reports by carriers, lessors, and associations.

Sec. 347. Accounting and cost reporting.

Sec. 348. Securities, obligations, and liabilities.

Sec. 349. Equipment trusts.

Sec. 350. Restrictions on officers and directors.

Sec. 351. Limitation on pooling and division of transportation or earnings.

Sec. 352. Consolidation, merger, and acquisition of control.

Sec. 353. General procedure and conditions of approval for consolidation, etc.

Sec. 354. Rail carrier procedure for consolidation, etc.

Sec. 355. Employee protective arrangements.

Sec. 356. Authority over noncarrier acquirers.

Sec. 357. Authority over intrastate transportation.

Sec. 358. Tax discrimination against rail transportation property.

Sec. 359. Withholding State and local income tax by certain carriers.

Sec. 360. General authority for enforcement, investigations, etc.

Sec. 361. Enforcement.

Sec. 362. Attorney General enforcement.

Sec. 363. Rights and remedies.

Sec. 364. Limitation on actions.

Sec. 365. Liability of common carriers under receipts and bills of lading.
4

HR 2539 EAS

Sec. 366. Liability when property is delivered in violation of routing instructions.

Sec. 367. General civil penalties.

Sec. 368. Civil penalty for accepting rebates from common carrier.

Sec. 369. Rate, discrimination, and tariff violations.

Sec. 370. Additional rate and discrimination violations.

Sec. 371. Interference with railroad car supply.

Sec. 372. Record keeping and reporting violations.

Sec. 373. Unlawful disclosure of information.

Sec. 374. Consolidation, merger, and acquisition of control.

Sec. 375. General criminal penalty.

Sec. 376. Financial assistance for State projects.

Sec. 377. Status of AMTRAK and applicable laws.

Sec. 378. Rail-shipper Transportation Advisory Council.

TITLE IV—MOTOR CARRIER, WATER CARRIER, BROKER, AND

FREIGHT FORWARDER TRANSPORTATION

SUBTITLE A—ADDITION OF PART B

Sec. 401. Enactment of part B of subtitle IV, title 49, United States Code.

SUBTITLE B—MOTOR CARRIER REGISTRATION AND INSURANCE REQUIREMENTS

Sec. 451. Amendment of section 31102.

Sec. 452. Amendment of section 31138.

Sec. 453. Self-insurance rules.

Sec. 454. Safety fitness of owners and operators.

TITLE V—AMENDMENTS TO OTHER LAWS

Sec. 501. Federal Election Campaign Act of 1971.

Sec. 502. Agricultural Adjustment Act of 1938.

Sec. 503. Agricultural Marketing Act of 1946.

Sec. 504. Animal Welfare Act.

Sec. 505. Title 11, United States Code.

Sec. 506. Clayton Act.

Sec. 507. Consumer Credit Protection Act.

Sec. 508. National Trails System Act.

Sec. 509. Title 18, United States Code.

Sec. 510. Internal Revenue Code of 1986.

Sec. 511. Title 28, United States Code.

Sec. 512. Migrant and Seasonal Agricultural Worker Protection Act.

Sec. 513. Title 39, United States Code.

Sec. 514. Energy Policy Act of 1992.

Sec. 515. Railway Labor Act.

Sec. 516. Railroad Retirement Act of 1974.

Sec. 517. Railroad Unemployment Insurance Act.

Sec. 518. Emergency Rail Services Act of 1970.

Sec. 519. Regional Rail Reorganization Act of 1973.

Sec. 520. Railroad Revitalization and Regulatory Reform Act of 1976.

Sec. 521. Alaska Railroad Transfer Act of 1982.

Sec. 522. Merchant Marine Act, 1920.

Sec. 523. Service Contract Act of 1965.

Sec. 524. Federal Aviation Administration Authorization Act of 1994.

Sec. 525. Fiber drum packaging.

Sec. 526. Termination of certain maritime authority.
5

HR 2539 EAS

Sec. 527. Certain commercial space launch activities.

Sec. 528. Use of highway funds for Amtrak-related projects and activities.

Sec. 529. Violation of grade-crossing laws and regulations.

TITLE VI—AUTHORIZATION

Sec. 601. Authorization of appropriations.

TITLE VII—MISCELLANEOUS PROVISION

Sec. 701. Pay of Members of Congress and the President during Government shutdowns.

TITLE VIII—EFFECTIVE DATE

Sec. 801. Effective Date.

1 TITLE I—TERMINATION OF THE

2 INTERSTATE COMMERCE

3 COMMISSION AND FEDERAL

4 MARITIME COMMISSION; RE5 PEAL OF OBSOLETE AND UN6 NECESSARY PROVISIONS OF

7 LAW

8 Subtitle A—Terminations

9 SEC. 101. AGENCY TERMINATIONS.

10 (a) INTERSTATE COMMERCE COMMISSION.—Upon the

11 transfer of functions under this Act to the Intermodal Sur12 face Transportation Board and to the Secretary of Trans13 portation, the Interstate Commerce Commission shall ter14 minate.

15 (b) FEDERAL MARITIME COMMISSION.—Effective Jan16 uary 1, 1997, the Federal Maritime Commission shall ter17 minate.
6

HR 2539 EAS

1 SEC. 102. SAVINGS PROVISIONS.

2 (a) IN GENERAL.—All orders, determinations, rules,

3 regulations, licenses, and privileges which are in effect at

4 the time this Act takes effect, shall continue in effect accord5 ing to their terms, insofar as they involve regulatory func6 tions to be retained by this Act, until modified, terminated,

7 superseded, set aside, or revoked in accordance with law by

8 the Transportation Board (to the extent they involve the

9 functions transferred to the Intermodal Surface Transpor10 tation Board under this Act) or by the Secretary (to the

11 extent they involve functions transferred to the Secretary

12 under this Act), or by a court of competent jurisdiction,

13 or by operation of law.

14 (b) PROCEEDINGS; APPLICATIONS.—

15 (1) The provisions of this Act shall not affect

16 any proceedings or any application for any license

17 pending before the Interstate Commerce Commission

18 at the time this Act takes effect, insofar as those func19 tions are retained and transferred by this Act; but

20 such proceedings and applications, to the extent that

21 they relate to functions so transferred, shall be contin22 ued. Orders shall be issued in such proceedings, ap23 peals shall be taken therefrom, and payments shall be

24 made pursuant to such orders, as if this Act had not

25 been enacted; and orders issued in any such proceed26 ings shall continue in effect until modified, termi-
7

HR 2539 EAS

1 nated, superseded, or revoked by a duly authorized of2 ficial, by a court of competent jurisdiction, or by op3 eration of law. Nothing in this subsection shall be

4 deemed to prohibit the discontinuance or modification

5 of any such proceeding under the same terms and

6 conditions and to the same extent that such proceed7 ing could have been discontinued or modified if this

8 Act had not been enacted.

9 (2) The Transportation Board and the Secretary

10 are authorized to provide for the orderly transfer of

11 pending proceedings from the Interstate Commerce

12 Commission.

13 (c) ACTIONS IN LAW COMMENCED BEFORE ENACT14 MENT.—Except as provided in subsection (e)—

15 (1) the provisions of this Act shall not affect

16 suits commenced prior to the date this Act takes effect,

17 and,

18 (2) in all such suits, proceedings shall be had,

19 appeals taken, and judgments rendered in the same

20 manner and effect as if this Act had not been enacted.

21 (d) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—

22 No suit, action, or other proceeding commenced by or

23 against any officer in his official capacity as an officer of

24 the Interstate Commerce Commission shall abate by reason

25 of the enactment of this Act. No cause of action by or
8

HR 2539 EAS

1 against the Interstate Commerce Commission, or by or

2 against any officer thereof in his official capacity, shall

3 abate by reason of enactment of this Act.

4 (e) SUBSTITUTION OF TRANSPORTATION BOARD AS

5 PARTY.—Any suit by or against the Interstate Commerce

6 Commission begun before enactment of this Act shall be con7 tinued, insofar as it involves a function retained and trans8 ferred under this Act, with the Transportation Board (to

9 the extent the suit involves functions transferred to the

10 Transportation Board under this Act) or the Secretary (to

11 the extent the suit involves functions transferred to the Sec12 retary under this Act) substituted for the Commission.

13 SEC. 103. REFERENCES TO THE ICC IN OTHER LAWS.

14 (a) FUNCTIONS.—With respect to any functions trans15 ferred by this Act and exercised after the effective date of

16 the Interstate Commerce Commission Sunset Act of 1995,

17 reference in any other Federal law to the Interstate Com18 merce Commission shall be deemed to refer to—

19 (1) the Intermodal Surface Transportation

20 Board, insofar as it involves functions transferred to

21 the Transportation Board by this Act; and

22 (2) the Secretary of Transportation, insofar as it

23 involves functions transferred to the Secretary by this

24 Act.
9

HR 2539 EAS

1 (b) OTHER REFERENCES.—Any other reference in any

2 law, regulation, official publication, or other document to

3 the Interstate Commerce Commission as an agency of the

4 United States Government shall be treated as a reference

5 to the Transportation Board.

6 SEC. 104. TRANSFER OF FUNCTIONS.

7 (a) TO TRANSPORTATION BOARD.—Except as other8 wise provided in this Act and the amendments made by

9 this Act, those personnel, property, and records employed,

10 used, held, available, or to be made available in connection

11 with a function transferred to the Transportation Board

12 by this Act shall be transferred to the Transportation Board

13 for use in connection with the functions transferred, and

14 unexpended balances of appropriations, allocations, and

15 other funds of the Interstate Commerce Commission shall

16 also be transferred to the Transportation Board.

17 (b) TO SECRETARY.—Except as otherwise provided in

18 this Act and the amendments made by this Act, those per19 sonnel, property, and records employed, used, held, avail20 able, or to be made available in connection with a function

21 transferred to the Secretary by this Act shall be transferred

22 to the Secretary for use in connection with the functions

23 transferred.

24 (c) SEPARATED EMPLOYEES.—Notwithstanding all

25 other laws and regulations, the Department of Transpor-
10

HR 2539 EAS

1 tation shall place all Interstate Commerce Commission em2 ployees separated from the Commission as a result of this

3 Act on the DOT reemployment priority list (competitive

4 service) or the priority employment list (excepted service).

5 SEC. 105. REFERENCES TO THE FMC IN OTHER LAWS.

6 Effective January 1, 1997, reference in any other Fed7 eral law to the Federal Maritime Commission shall be

8 deemed to refer to the Transportation Board.

9 Subtitle B—Repeal of Obsolete, Etc.,

10 Provisions

11 SEC. 121. REPEAL OF PROVISIONS.

12 The following provisions are repealed:

13 (1) Section 10101 (relating to transportation

14 policy) and the item relating thereto in the table of

15 sections of chapter 101 are repealed.

16 (2) Section 10322 (relating to Commission ac17 tion and appellate procedure in nonrail proceedings)

18 and the item relating thereto in the table of sections

19 of chapter 103 are repealed.

20 (3) Section 10326 (relating to limitations in

21 rulemaking proceedings related to rail carriers) and

22 the item relating thereto in the table of sections of

23 chapter 103 are repealed.

24 (4) Section 10327 (relating to Commission ac25 tion and appellate procedure in rail carrier proceed-
11

HR 2539 EAS

1 ings) and the item relating thereto in the table of sec2 tions of chapter 103 are repealed.

3 (5) Section 10328 (relating to intervention) and

4 the item relating thereto in the table of sections of

5 chapter 103 are repealed.

6 (6) Subchapter III of chapter 103 (relating to

7 joint boards) and the items relating thereto in the

8 table of sections of such chapter are repealed.

9 (7)(A) Subchapter IV of chapter 103 (relating to

10 Rail Services Planning Office) and the items relating

11 thereto in the table of sections of such chapter are re12 pealed.

13 (B) Section 24505(b) of title 49, United States

14 Code, is amended to read as follows:

15 ‘‘(b) OFFER REQUIREMENTS.—A commuter authority

16 making an offer under subsection (a)(2) of this section shall

17 show that it has obtained access to all rail property nec18 essary to provide the additional commuter rail passenger

19 transportation.’’.

20 (8) Subchapter V of chapter 103 (relating to Of21 fice of Rail Public Counsel) and the items relating

22 thereto in the table of sections of such chapter are re23 pealed.
12

HR 2539 EAS

1 (9) Section 10502 (relating to express carrier

2 transportation) and the item relating thereto in the

3 table of sections of chapter 105 are repealed.

4 (10) Section 10504 (relating to exempt rail mass

5 transportation) and the item relating thereto in the

6 table of sections of such chapter are repealed.

7 (11) Subchapter II, III, and IV of chapter 105

8 (relating to freight forwarder service) and the items

9 relating thereto in the table of sections of such chapter

10 are repealed.

11 (12) Section 10705a (relating to joint rate sur12 charges and cancellations) and the item relating

13 thereto in the table of sections of chapter 107 are re14 pealed.

15 (13) Section 10710 (relating to elimination of

16 discrimination against recyclable materials) and the

17 item relating thereto in the table of sections of chapter

18 107 are repealed.

19 (14) Section 10711 (relating to effect of certain

20 sections on rail rates and practices) and the item re21 lating thereto in the table of sections of chapter 107

22 are repealed.

23 (15) Section 10712 (relating to inflation-based

24 rate increases) and the item relating thereto in the

25 table of sections of chapter 107 are repealed.
13

HR 2539 EAS

1 (16) Subchapter II (relating to special cir2 cumstances) of chapter 107 (except for sections 10721

3 and 10730) and the items relating thereto in the table

4 of sections of chapter 107 (except for the subchapter

5 caption and the items relating to sections 10721 and

6 10730) are repealed.

7 (17) Section 10743 (relating to payment of

8 rates) and the item relating thereto in the table of sec9 tions of chapter 107 are repealed.

10 (18) Section 10746 (relating to transportation of

11 commodities manufactured or produced by a rail car12 rier) and the item relating thereto in the table of sec13 tions of chapter 107 are repealed.

14 (19) Section 10748 (relating to transportation of

15 livestock by rail carrier) and the item relating thereto

16 in the table of sections of chapter 107 are repealed.

17 (20) Section 10749 (relating to exchange of serv18 ices and limitation on use of common carriers by

19 household goods freight forwarders) and the item re20 lating thereto in the table of sections of chapter 107

21 are repealed.

22 (21) Section 10751 (relating to business enter23 tainment expenses) and the item relating thereto in

24 the table of sections of chapter 107 are repealed.
14

HR 2539 EAS

1 (22) Section 10764 (relating to arrangements be2 tween carriers) and the item relating thereto in the

3 table of sections of chapter 107 are repealed.

4 (23) Section 10765 (relating to water transpor5 tation under arrangements with certain other car6 riers) and the item relating thereto in the table of sec7 tions of chapter 107 are repealed.

8 (24) Section 10766 (relating to freight forwarder

9 traffic agreements) and the item relating thereto in

10 the table of sections of chapter 107 are repealed.

11 (25) Section 10767 (relating to billing and col12 lecting practices) and the item relating thereto in the

13 table of sections of chapter 107 are repealed.

14 (26) Subchapter V of chapter 107 (relating to

15 valuation of property) and the items relating thereto

16 in the table of sections of chapter 107 are repealed.

17 (27)(A) Section 10908 (relating to discontinuing

18 or changing interstate train or ferry transportation)

19 and the item relating thereto in the table of sections

20 of chapter 109 are repealed.

21 (B) Subsection (d) of section 24705 of title 49,

22 United States Code, is repealed.

23 (28) Section 10909 (relating to discontinuing or

24 changing train or ferry transportation in one State)
15

HR 2539 EAS

1 and the item relating thereto in the table of sections

2 of chapter 109 are repealed.

3 (29) Subchapter II (relating to other carriers

4 and motor carrier brokers) of chapter 109 and the

5 items relating thereto in the table of sections of chap6 ter 109 are repealed.

7 (30) Section 11102 (relating to classification of

8 carriers) and the item relating thereto in the table of

9 sections of chapter 111 are repealed.

10 (31) Section 11105 (relating to protective serv11 ices) and the item relating thereto in the table of sec12 tions of chapter 111 are repealed.

13 (32) Section 11106 (relating to identification of

14 motor vehicles) and the item relating thereto in the

15 table of sections of chapter 111 are repealed.

16 (33) Section 11107 (relating to leased motor ve17 hicles) and the item relating thereto in the table of

18 sections of chapter 111 are repealed.

19 (34) Section 11108 (relating to water carriers

20 subject to unreasonable discrimination in foreign

21 transportation) and the item relating thereto in the

22 table of sections of chapter 111 are repealed.

23 (35) Section 11109 (relating to loading and un24 loading motor vehicles) and the item relating thereto

25 in the table of sections of chapter 111 are repealed.
16

HR 2539 EAS

1 (36) Section 11110 (relating to household goods

2 carrier operations) and the item relating thereto in

3 the table of sections of chapter 111 are repealed.

4 (37) Section 11111 (relating to use of citizen

5 band radios on buses) and the item relating thereto

6 in the table of sections of chapter 111 are repealed.

7 (38) Section 11126 (distribution of coal cars)

8 and the item relating thereto in the table of sections

9 of chapter 111 are repealed.

10 (39) Section 11127 (relating to service of house11 hold freight forwarders) and the item relating thereto

12 in the table of sections of chapter 111 are repealed.

13 (40) Section 11142 (relating to uniform account14 ing system for motor carriers) and the item relating

15 thereto in the table of sections of chapter 111 are re16 pealed.

17 (41) Section 11161 (relating to railroad account18 ing principles board) and the item relating thereto in

19 the table of sections of chapter 111 are repealed.

20 (42) Section 11162 (relating to cost accounting

21 principles) and the item relating thereto in the table

22 of sections of chapter 111 are repealed.

23 (43) Section 11163 (relating to implementation

24 of cost accounting principles) and the item relating
17

HR 2539 EAS

1 thereto in the table of sections of chapter 111 are re2 pealed.

3 (44) Section 11164 (relating to certification of

4 rail carrier cost accounting systems) and the item re5 lating thereto in the table of sections of chapter 111

6 are repealed.

7 (45) Section 11167 (relating to report) and the

8 item relating thereto in the table of sections of chapter

9 111 are repealed.

10 (46) Section 11168 (relating to authorization of

11 appropriations) and the item relating thereto in the

12 table of sections of chapter 111 are repealed.

13 (47) Section 11304 (relating to security interest

14 in certain motor vehicles) and the item relating there15 to in the table of sections of chapter 113 are repealed.

16 (48) Section 11321 (relating to limitation on

17 ownership of certain water carriers) and the item re18 lating thereto in the table of sections for chapter 113

19 are repealed.

20 (49) Section 11323 (relating to limitation on

21 ownership of other carriers by household goods freight

22 forwarders) and the item relating thereto in the table

23 of sections for chapter 113 are repealed.

24 (50) Section 11345a (relating to motor carrier

25 procedures for consolidation, merger, and acquisition
18

HR 2539 EAS

1 of control) and the item relating thereto in the table

2 of sections of chapter 113 are repealed.

3 (51) Section 11346 (relating to expedited rail

4 carrier procedures for consolidation, merger, and ac5 quisition of control) and the item relating thereto in

6 the table of sections of chapter 113 are repealed.

7 (52) Section 11349 (relating to temporary oper8 ating approval for transactions involving motor and

9 water carriers) and the item relating thereto in the

10 table of sections of chapter 113 are repealed.

11 (53) Section 11350 (relating to responsibility of

12 the Secretary of Transportation in certain trans13 actions) and the item relating thereto in the table of

14 sections of chapter 113 are repealed.

15 (54) Subchapter IV of chapter 113 (relating to

16 financial structure) and the items relating thereto in

17 the table of sections of chapter 113 are repealed.

18 (55) Section 11502 (relating to conferences and

19 joint hearings with State authorities) and the item re20 lating thereto in the table of sections of chapter 115

21 are repealed.

22 (56) Section 11503a (tax discrimination against

23 motor carrier transportation property) and the item

24 relating thereto in the table of sections of chapter 115

25 are repealed.
19

HR 2539 EAS

1 (57) Section 11505 (relating to State action to

2 enjoin carriers from certain actions) and the item re3 lating thereto in the table of sections of chapter 115

4 are repealed.

5 (58) Section 11506 (relating to registration of

6 motor carriers by a State) and the item relating

7 thereto in the table of sections of chapter 115 are re8 pealed.

9 (59) Section 11507 (relating to prison-made

10 property governed by State law) and the item relating

11 thereto in the table of sections of chapter 115 are re12 pealed.

13 (60) Section 11704 (relating to action by a pri14 vate person to enjoin abandonment of service) and the

15 item relating thereto in the table of sections of chapter

16 117 are repealed.

17 (61) Section 11708 (relating to private enforce18 ment) and the item relating thereto in the table of sec19 tions of chapter 117 are repealed.

20 (62) Section 11709 (relating to liability for issu21 ance of securities by certain carriers) and the item re22 lating thereto in the table of sections of chapter 117

23 are repealed.

24 (63) Section 11711 (relating to dispute settle25 ment program for household goods carriers) and the
20

HR 2539 EAS

1 item relating thereto in the table of sections of chapter

2 117 are repealed.

3 (64) Section 11712 (relating to tariff reconcili4 ation rules for motor common carriers of property)

5 and the item relating thereto in the table of sections

6 of chapter 117 are repealed.

7 (65) Section 11902a (relating to penalties for

8 violations of rules relating to loading and unloading

9 motor vehicles) and the item relating thereto in the

10 table of sections of chapter 119 are repealed.

11 (66) Section 11905 (relating to transportation of

12 passengers without charge) and the item relating

13 thereto in the table of sections of chapter 119 are re14 pealed.

15 (67) Section 11906 (relating to evasion of regula16 tion of motor carriers and brokers) and the item re17 lating thereto in the table of sections of chapter 119

18 are repealed.

19 (68) Section 11908 (relating to abandonment of

20 service by household goods freight forwarders) and the

21 item relating thereto in the table of sections of chapter

22 119 are repealed.

23 (69) Section 11911 (relating to issuance of secu24 rities, etc.) and the item relating thereto in the table

25 of sections of chapter 119 are repealed.
21

HR 2539 EAS

1 (70) Section 11913a (relating to accounting

2 principles violations) and the item relating thereto in

3 the table of sections of chapter 119 are repealed.

4 (71) Section 11917 (relating to weight-bumping

5 in household goods transportation) and the item relat6 ing thereto in the table of sections of chapter 119 are

7 repealed.

8 SEC. 122. COVERAGE OF CERTAIN ENTITIES UNDER OTHER,

9 UNRELATED ACTS NOT AFFECTED.

10 Notwithstanding any provision of this Act, an entity

11 that is, or is treated as, an employer under the Railroad

12 Retirement Act, the Railroad Unemployment Insurance

13 Act, or the Railroad Retirement Tax Act under subtitle IV

14 of title 49, United States Code, as in effect on the day before

15 the date of enactment of this Act, shall continue to be cov16 ered as employers under those Acts.

17 TITLE II—INTERMODAL SUR18 FACE TRANSPORTATION

19 BOARD

20 Subtitle A—Organization

21 SEC. 201. AMENDMENT TO SUBCHAPTER I.

22 (a) AMENDMENT.—Subchapter I of chapter 103 is

23 amended to read as follows:
22

HR 2539 EAS

1 ‘‘SUBCHAPTER I—ESTABLISHMENT

2 ‘‘§ 10301. Establishment of Transportation Board

3 ‘‘(a) ESTABLISHMENT.—There is hereby established

4 within the Department of Transportation the Intermodal

5 Surface Transportation Board.

6 ‘‘(b) MEMBERSHIP.—(1) Members of the Transpor7 tation Board shall be appointed by the President, by and

8 with the advice and consent of the Senate. The Transpor9 tation Board shall consist of 3 members until January 1,

10 1997, not more than 2 of whom shall be members of the

11 same political party. Beginning on January 1, 1997, the

12 Transportation Board shall consist of 5 members, no more

13 than 3 of whom shall be members of the same political

14 party.

15 ‘‘(2) At any given time, at least 2 members of the

16 Transportation Board shall be individuals with profes17 sional standing and demonstrated knowledge in the fields

18 of rail or motor transportation or transportation regulation

19 or agriculture, and at least 1 member shall be an individual

20 with professional or business experience in the private sec21 tor. Effective January 1, 1997, at least 2 members shall

22 be individuals with professional standing and demonstrated

23 knowledge in the fields of maritime transportation or its

24 regulation.
23

HR 2539 EAS

1 ‘‘(3) The term of each member of the Transportation

2 Board shall be 5 years and shall begin when the term of

3 the predecessor of that member ends. An individual ap4 pointed to fill a vacancy occurring before the expiration of

5 the term for which the predecessor of that individual was

6 appointed, shall be appointed for the remainder of that

7 term. When the term of office of a member ends, the member

8 may continue to serve until a successor is appointed and

9 qualified, but for a period not to exceed 1 year. The Presi10 dent may remove a member for neglect of duty or malfea11 sance in office.

12 ‘‘(4)(A) On the effective date of this section, the mem13 bers of the Interstate Commerce Commission shall become

14 members of the Transportation Board, to serve for a period

15 of time equal to the remainder of the term for which they

16 were originally appointed to the Interstate Commerce Com17 mission.

18 ‘‘(B) Effective January 1, 1997, two Federal Maritime

19 Commission commissioners shall become members of the

20 Board to serve terms expiring December 31, 1997, and De21 cember 31, 2000. The two members shall be selected in order

22 of the expiration date of their Commission term, beginning

23 with the term having the latest expiration date; provided,

24 however, that the two members added under this subsection

25 may not be from the same political party. The longer Board
24

HR 2539 EAS

1 term shall be filled by the member having the later Federal

2 Maritime Commission term expiration date. Effective Jan3 uary 1, 1997, the rights of any Federal Maritime Commis4 sion commissioner other than those designated under this

5 paragraph to remain in office is terminated.

6 ‘‘(5) No individual may serve as a member of the

7 Transportation Board for more than 2 terms. In the case

8 of an individual appointed to fill a vacancy occurring be9 fore the expiration of the term for which the predecessor of

10 that individual was appointed, such individual may not

11 be appointed for more than 1 additional term.

12 ‘‘(6) A member of the Transportation Board may not

13 have a pecuniary interest in, hold an official relation to,

14 or own stock in or bonds of, a carrier providing transpor15 tation by any mode and may not engage in another busi16 ness, vocation, or employment.

17 ‘‘(7) A vacancy in the membership of the Transpor18 tation Board does not impair the right of the remaining

19 members to exercise all of the powers of the Transportation

20 Board. The Transportation Board may designate a member

21 to act as Chairman during any period in which there is

22 no Chairman designated by the President.

23 ‘‘(c) CHAIRMAN.—(1) There shall be at the head of the

24 Transportation Board a Chairman, who shall be designated

25 by the President from among the members of the Transpor-
25

HR 2539 EAS

1 tation Board. The Transportation Board shall be adminis2 tered under the supervision and direction of the Chairman.

3 The Chairman shall receive compensation at the rate pre4 scribed for level III of the Executive Schedule under section

5 5314 of title 5.

6 ‘‘(2) Subject to the general policies, decisions, findings,

7 and determinations of the Transportation Board the Chair8 man shall be responsible for administering the Transpor9 tation Board. The Chairman may delegate the powers

10 granted under this paragraph to an officer, employee, or

11 office of the Transportation Board. The Chairman shall—

12 ‘‘(A) appoint and supervise, other than regular

13 and full time employees in the immediate offices of

14 another member, the officers and employees of the

15 Transportation Board, including attorneys to provide

16 legal aid and service to the Transportation Board

17 and its members, and to represent the Transportation

18 Board in any case in court;

19 ‘‘(B) appoint the heads of major offices with the

20 approval of the Transportation Board;

21 ‘‘(C) distribute Transportation Board business

22 among officers and employees and offices of the

23 Transportation Board;

24 ‘‘(D) prepare requests for appropriations for the

25 Transportation Board and submit those requests to
26

HR 2539 EAS

1 the President and Congress with the prior approval

2 of the Transportation Board; and

3 ‘‘(E) supervise the expenditure of funds allocated

4 by the Transportation Board for major programs and

5 purposes.

6 ‘‘§ 10302. Functions

7 ‘‘(a) INTERSTATE COMMERCE COMMISSION FUNC8 TIONS.—Except as otherwise provided in the Interstate

9 Commerce Commission Sunset Act of 1995, or the amend10 ments made thereby, the Transportation Board shall per11 form all functions that, immediately before the effective date

12 of such Act, were functions of the Interstate Commerce Com13 mission or were performed by any officer or employee of

14 the Interstate Commerce Commission in the capacity as

15 such officer or employee.

16 ‘‘(b) FEDERAL MARITIME COMMISSION FUNCTIONS.—

17 On January 1, 1997, the Transportation Board shall per18 form all functions that, on that date, were functions of the

19 Federal Maritime Commission or were performed by any

20 officer or employee of the Federal Maritime Commission in

21 the capacity as such officer or employee.

22 ‘‘§ 10303. Administrative provisions

23 ‘‘(a) EXECUTIVE REORGANIZATION.—For purposes of

24 chapter 9 of title 5, United States Code, the Transportation

25 Board shall be deemed to be an independent regulatory
27

HR 2539 EAS

1 agency and an establishment of the United States Govern2 ment.

3 ‘‘(b) OPEN MEETINGS.—For purposes of section 552b

4 of title 5, United States Code, the Transportation Board

5 shall be deemed to be an agency.

6 ‘‘(c) INDEPENDENCE.—In the performance of their

7 functions, the members, employees, and other personnel of

8 the Transportation Board shall not be responsible to or sub9 ject to the supervision or direction of any officer, employee,

10 or agent of any other part of the Department of Transpor11 tation.

12 ‘‘(d) REPRESENTATION BY ATTORNEYS.—Attorneys

13 designated by the Chairman of the Transportation Board

14 may appear for, and represent the Transportation Board

15 in, any civil action brought in connection with any func16 tion carried out by the Transportation Board pursuant to

17 this subtitle or as otherwise authorized by law.

18 ‘‘(e) ADMISSION TO PRACTICE.—Subject to section 500

19 of title 5, the Transportation Board may regulate the ad20 mission of individuals to practice before it and may impose

21 a reasonable admission fee.

22 ‘‘(f) BUDGET REQUESTS.—In each annual request for

23 appropriations by the President, the Secretary of Transpor24 tation shall identify the portion thereof intended for the
28

HR 2539 EAS

1 support of the Transportation Board and include a state2 ment by the Transportation Board—

3 ‘‘(1) showing the amount requested by the Trans4 portation Board in its budgetary presentation to the

5 Secretary and the Office of Management and Budget;

6 and

7 ‘‘(2) an assessment of the budgetary needs of the

8 Transportation Board.

9 ‘‘(g) DIRECT TRANSMITTAL TO CONGRESS.—The

10 Transportation Board shall transmit to Congress copies of

11 budget estimates, requests, and information (including per12 sonnel needs), legislative recommendations, prepared testi13 mony for congressional hearings, and comments on legisla14 tion at the same time they are sent to the Secretary of

15 Transportation. An officer of an agency may not impose

16 conditions on or impair communications by the Transpor17 tation Board with Congress, or a committee or member of

18 Congress, about the information.

19 ‘‘§ 10304. Annual report

20 ‘‘The Transportation Board shall annually transmit

21 to the Congress a report on its activities.’’.

22 (b) CONFORMING AMENDMENT.—The items relating to

23 subchapter I of chapter 103 in the table of sections of such

24 chapter are amended to read as follows:
29

HR 2539 EAS

‘‘SUBCHAPTER I—ESTABLISHMENT

‘‘Sec.

‘‘10301. Establishment of Transportation Board.

‘‘10302. Functions.

‘‘10303. Administrative provisions.

‘‘10304. Annual report.’’.

1 SEC. 202. ADMINISTRATIVE SUPPORT.

2 The Secretary of Transportation shall provide admin3 istrative support for the Transportation Board.

4 SEC. 203. REORGANIZATION.

5 The Chairman of the Transportation Board may allo6 cate or reallocate any function of the Transportation Board,

7 consistent with this title and subchapter I of chapter 103,

8 as amended by section 201 of this title, among the members

9 or employees of the Transportation Board, and may estab10 lish, consolidate, alter, or discontinue in the Transportation

11 Board any organizational entities that were entities of the

12 Interstate Commerce Commission or the Federal Maritime

13 Commission, as the Chairman considers necessary or ap14 propriate.

15 SEC. 204. TRANSITION PLAN FOR FEDERAL MARITIME COM16 MISSION FUNCTIONS.

17 The Chairman of the Intermodal Surface Transpor18 tation Board and the Chairman of the Federal Maritime

19 Commission shall meet within 90 days of enactment of this

20 Act to develop a plan for the orderly transition of the func21 tions of the Federal Maritime Commission to the Transpor22 tation Board, including appropriate funding levels for the
30

HR 2539 EAS

1 operations associated with the functions of the Federal Mar2 itime Commission transferred to the Transportation Board,

3 and shall submit such a plan to the Director of the Office

4 of Management and Budget and to the Senate Committee

5 on Commerce, Science, and Transportation and the House

6 of Representatives Committee on Transportation and Infra7 structure not later than 6 months after the enactment of

8 this Act.

9 Subtitle B—Administrative

10 SEC. 211. POWERS.

11 Section 10321 is amended—

12 (1) by striking ‘‘Interstate Commerce Commis13 sion’’ in subsection (a) and inserting in lieu thereof

14 ‘‘Transportation Board’’;

15 (2) striking subsection (b) and inserting the fol16 lowing:

17 ‘‘(b) The Transportation Board may obtain from car18 riers providing transportation and service subject to this

19 part, and from persons controlling, controlled by, or under

20 common control with those carriers to the extent that the

21 business of that person is related to the management of the

22 business of those carriers, information the Transportation

23 Board decides is necessary to carry out this part.’’;

24 (3) in subsection (c)(1), by striking ‘‘Commis25 sion, an individual Commissioner, an employee
31

HR 2539 EAS

1 board, and an employee delegated to act under section

2 10305 of this title’’ and inserting in lieu thereof

3 ‘‘Transportation Board’’;

4 (4) by striking paragraph (2) of subsection (c);

5 (5) by redesignating paragraph (3) of subsection

6 (c) as paragraph (2); and

7 (6) by striking ‘‘Commission’’ each place it ap8 pears and inserting in lieu thereof ‘‘Transportation

9 Board’’.

10 SEC. 212. COMMISSION ACTION.

11 (a) AMENDMENTS.—Section 10324 is amended—

12 (1) in the section heading, by striking ‘‘Com13 mission’’ and inserting in lieu thereof ‘‘Trans14 portation Board’’;

15 (2) by striking ‘‘Interstate Commerce Commis16 sion’’ in subsection (a) and inserting in lieu thereof

17 ‘‘Transportation Board’’;

18 (3) by striking ‘‘Commission’’ each place it ap19 pears in subsection (b) and inserting in lieu thereof

20 ‘‘Transportation Board’’;

21 (4) by striking subsection (c); and

22 (5) by adding at the end the following new sub23 sections:
32

HR 2539 EAS

1 ‘‘(c) The Transportation Board may, at any time on

2 its own initiative because of material error, new evidence,

3 or substantially changed circumstances—

4 ‘‘(1) reopen a proceeding;

5 ‘‘(2) grant rehearing, reargument, or reconsider6 ation of an action of the Transportation Board; or

7 ‘‘(3) change an action of the Transportation

8 Board.

9 An interested party may petition to reopen and reconsider

10 an action of the Transportation Board under this sub11 section under regulations of the Transportation Board.

12 ‘‘(d) Notwithstanding this subtitle, an action of the

13 Transportation Board under this section is final on the date

14 on which it is served, and a civil action to enforce, enjoin,

15 suspend, or set aside the action may be filed after that

16 date.’’.

17 (b) CONFORMING AMENDMENT.—The item relating to

18 section 10324 in the table of sections of chapter 103 is

19 amended by striking ‘‘Commission’’ and inserting in lieu

20 thereof ‘‘Transportation Board’’.

21 SEC. 213. SERVICE OF NOTICE IN COMMISSION PROCEED22 INGS.

23 (a) AMENDMENTS.—Section 10329 is amended—

24 (1) by striking ‘‘Commission’’ in the section

25 heading;
33

HR 2539 EAS

1 (2) by striking ‘‘Interstate Commerce Commis2 sion’’ in subsection (a) and inserting in lieu thereof

3 ‘‘Transportation Board’’;

4 (3) striking ‘‘(1)’’ in subsection (a) and by strik5 ing paragraph (2) of subsection (a);

6 (4) striking ‘‘subchapter I of’’ in subsection (a);

7 (5) striking the second sentence in subsection (b);

8 (6) striking ‘‘(1) in subsection (c) and by strik9 ing paragraphs (2) and (3);

10 (7) striking ‘‘notices of the Commission shall be

11 served as follows: (1) A’’ in subsection (c) and insert12 ing ‘‘a’’;

13 (8) by striking ‘‘, express, sleeping car,’’ in sub14 section (c)(1);

15 (9) by striking ‘‘Secretary of the’’ in subsection

16 (c);

17 (10) in subsection (d)—

18 (A) by striking ‘‘, express, sleeping car,’’;

19 and

20 (B) by striking ‘‘who filed the tariff’’;

21 (11) by striking subsection (e); and

22 (12) by striking ‘‘Commission’’ each place it ap23 pears and inserting in lieu thereof ‘‘Transportation

24 Board’’.
34

HR 2539 EAS

1 (b) CONFORMING AMENDMENT.—The item relating to

2 section 10329 in the table of sections of chapter 103 is

3 amended by striking ‘‘Commission’’.

4 SEC. 214. SERVICE OF PROCESS IN COURT PROCEEDINGS.

5 Section 10330 is amended—

6 (1) by striking ‘‘Interstate Commerce Commis7 sion’’ in subsection (a) and inserting in lieu thereof

8 ‘‘Transportation Board’’;

9 (2) by striking ‘‘subchapter I of’’ in the first sen10 tence of subsection (a);

11 (3) by striking ‘‘Secretary of the Commission’’ in

12 subsection (a) and inserting in lieu thereof ‘‘Trans13 portation Board’’;

14 (4) by striking subsection (b); and

15 (5) by redesignating subsection (c) as subsection

16 (b).

17 SEC. 215. STUDY ON THE AUTHORITY TO COLLECT

18 CHARGES.

19 In addition to other user fees that the Transportation

20 Board may impose, the Transportation Board shall com21 plete, within 6 months after the date of enactment of this

22 Act, a study on the authority necessary to assess and collect

23 fees and annual charges in any fiscal year in amounts

24 equal to all of the costs incurred by the Transportation

25 Board in that fiscal year.
35

HR 2539 EAS

1 SEC. 216. FEDERAL HIGHWAY ADMINISTRATION RULE2 MAKING.

3 (a) ADVANCE NOTICE.—The Federal Highway Admin4 istration shall issue an advance notice of proposed rule5 making dealing with a variety of fatigue-related issues (in6 cluding 8 hours of continuous sleep after 10 hours of driv7 ing, loading and unloading operations, automated and

8 tamper-proof recording devices, rest and recovery cycles, fa9 tigue and stress in longer combination vehicles, fitness for

10 duty, and other appropriate regulatory and enforcement

11 countermeasures for reducing fatigue-related incidents and

12 increasing driver alertness) not later than March 1, 1996.

13 (b) RULEMAKING.—The Federal Highway Administra14 tion shall issue a notice of proposed rulemaking dealing

15 with such issues within one year after the advance notice

16 described in subsection (a) is published, and shall issue a

17 final rule dealing with those issues within 2 years after that

18 date.

19 SEC. 217. TRANSPORT VEHICLES FOR OFF-ROAD, COMPETI20 TION VEHICLES.

21 Section 31111(b)(1) is amended—

22 (1) by striking ‘‘or’’ at the end of subparagraph

23 (C);

24 (2) by striking the period at the end of subpara25 graph (D) and inserting a semicolon and ‘‘or’’; and

26 (3) by adding at the end thereof the following:
36

HR 2539 EAS

1 ‘‘(E) imposes a limitation of less than 46 feet on

2 the distance from the kingpin to the center of the rear

3 axle on trailers used exclusively or primarily in con4 nection with motorsports competition events.’’.

5 SEC. 218. DESTRUCTION OF MOTOR VEHICLES OR MOTOR

6 VEHICLE FACILITIES; WRECKING TRAINS.

7 (a) DESTRUCTION OF MOTOR VEHICLES OR MOTOR

8 VEHICLE FACILITIES.—Section 33 of title 18, United States

9 Code, is amended by adding at the end the following new

10 undesignated paragraph:

11 ‘‘Whoever is convicted of a crime under this section

12 involving a motor vehicle that, at the time the crime oc13 curred, carried high-level radioactive waste (as that term

14 is defined in section 2(12) of the Nuclear Waste Policy Act

15 of 1982 (42 U.S.C. 10101(12)), or spent nuclear fuel (as

16 that term is defined in section 2(23) of the Nuclear Waste

17 Policy Act of 1982 (42 U.S.C. 10101(23)), shall be impris18 oned for not less than 30 years.’’.

19 (b) WRECKING TRAINS.—Section 1992 of title 18,

20 United States Code, is amended—

21 (1) by inserting after the fourth undesignated

22 paragraph the following:

23 ‘‘Whoever is convicted of any such crime that involved

24 a train that, at the time the crime occurred, carried high25 level radioactive waste (as that term is defined in section
37

HR 2539 EAS

1 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.

2 10101(12)), or spent nuclear fuel (as that term is defined

3 in section 2(23) of the Nuclear Waste Policy Act of 1982

4 (42 U.S.C. 10101(23)), shall be imprisoned for not less than

5 30 years.’’.

6 TITLE III—RAIL AND PIPELINE

7 TRANSPORTATION

8 SEC. 301. GENERAL CHANGES IN REFERENCES TO COMMIS9 SION, ETC.

10 Subtitle IV is amended—

11 (1) by striking ‘‘Interstate Commerce Commis12 sion’’ each place it appears (including chapter and

13 section headings) and inserting ‘‘Intermodal Surface

14 Transportation Board’’;

15 (2) by striking ‘‘Commission’’ each place it ap16 pears in reference to the Interstate Commerce Com17 mission (including chapter and section headings) and

18 inserting ‘‘Transportation Board’’;

19 (3) by striking ‘‘Commissioner’’ each place it ap20 pears in reference to a member of the Interstate Com21 merce Commission (including chapter and section

22 headings) and inserting ‘‘Transportation Board mem23 ber’’;

24 (4) by striking ‘‘Commissioners’’ each place it

25 appears in reference to members of the Interstate
38

HR 2539 EAS

1 Commerce Commission (including chapter and section

2 headings) and inserting ‘‘Transportation Board mem3 bers’’;

4 (5) by striking ‘‘this subtitle’’ each place it ap5 pears and inserting ‘‘this part’’;

6 (6) by inserting ‘‘PART A—RAIL AND PIPELINE

7 CARRIERS’’ after ‘‘SUBTITLE IV—INTERSTATE

8 COMMERCE’’;

9 (7) by inserting before section 10101 the follow10 ing:

‘‘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

11 ‘‘PART A—RAIL AND PIPELINE CARRIERS’’.

12 SEC. 302. RAIL TRANSPORTATION POLICY.

13 Section 10101a is amended by—

14 (1) striking ‘‘and’’ after the semicolon in para15 graph (14);

16 (2) striking the period at the end of paragraph

17 (15) and inserting a semicolon and ‘‘and’’; and

18 (3) adding at the end the following:
39

HR 2539 EAS

1 ‘‘(16) to provide for the expeditious handling

2 and resolution of all proceedings required or per3 mitted to be brought under the provisions of this sub4 title.’’.

5 SEC. 303. DEFINITIONS.

6 Section 10102 is amended by—

7 (1) striking paragraphs (1), (2), (5), (6) (8)

8 through (18), (19), (25), (27), and (30) through (33);

9 (2) redesignating the remaining paragraphs as

10 paragraphs (1) through (11), respectively;

11 (3) striking paragraph (2) (as redesignated) and

12 inserting:

13 ‘‘(2) ‘common carrier’ means a pipeline carrier

14 and a rail carrier;’’;

15 (4) inserting ‘‘common carrier’’ after ‘‘railroad’’

16 in paragraph (6) (as redesignated);

17 (5) striking ‘‘, fare,’’ in paragraph (8) (as redes18 ignated);

19 (6) striking ‘‘of passengers or property, or both,’’

20 in paragraph (10)(A) (as redesignated) and inserting

21 ‘‘of property,’’; and

22 (7) striking ‘‘passengers and’’ in paragraph

23 (10)(B) (as redesignated).

24 SEC. 304. GENERAL JURISDICTION.

25 Section 10501 is amended by—
40

HR 2539 EAS

1 (1) striking ‘‘Subject to this chapter and other

2 law, the’’ in subsection (a), and inserting ‘‘The’’;

3 (2) inserting ‘‘of property’’ after ‘‘transpor4 tation’’ in subsection (a);

5 (3) striking ‘‘express carrier, sleeping car car6 rier,’’ in subsection (a)(1);

7 (4) striking ‘‘passengers or’’ in subsection (b)(1);

8 (5) by striking ‘‘or’’ at the end of subsection

9 (b)(1);

10 (6) by striking the period at the end of sub11 section (b)(2) and inserting a semicolon and ‘‘or’’;

12 (7) by adding at the end of subsection (b) the fol13 lowing:

14 ‘‘(3) transportation by a commuter authority, as

15 defined in section 24102 of this title, except for sec16 tions 11103, 11104, and 11503.’’;

17 (8) striking ‘‘subchapter’’ in subsection (c) and

18 inserting ‘‘chapter’’ and by striking ‘‘(1) the trans19 portation is deemed to be subject to the jurisdiction

20 of the Commission pursuant to section 11501(b)(4)(B)

21 of this title, or (2)’’ in subsection (c); and

22 (9) striking ‘‘(b)’’ after ‘‘section 11501’’ in sub23 section (d).
41

HR 2539 EAS

1 SEC. 305. RAILROAD AND WATER TRANSPORTATION CON2 NECTIONS AND RATES.

3 Section 10503 is amended by—

4 (1) striking ‘‘passengers or’’ each place it ap5 pears in subsection (a)(2); and

6 (2) striking ‘‘passengers,’’ in subsection

7 (a)(2)(B).

8 SEC. 306. AUTHORITY TO EXEMPT RAIL CARRIER AND

9 MOTOR CARRIER TRANSPORTATION.

10 Section 10505 is amended by—

11 (1) striking ‘‘rail carrier and motor carrier’’

12 from the section heading;

13 (2) striking subsection (a) and inserting the fol14 lowing:

15 ‘‘(a) In a matter subject to the jurisdiction of the Inter16 modal Surface Transportation Board under this chapter,

17 the Transportation Board shall exempt a person, class of

18 persons, or a transaction or service from the application

19 of a provision of this title in whole or in part within 180

20 days after the filing of an application for an exemption,

21 when the Transportation Board finds that the application

22 of that provision in whole or in part—

23 ‘‘(1) is not necessary to carry out the transpor24 tation policy of section 10101 or section 10101a of

25 this title; and
42

HR 2539 EAS

1 ‘‘(2) either (A) the transaction or service is of

2 limited scope, or (B) the application of a provision

3 of this title is not needed to protect shippers from the

4 abuse of market power.’’;

5 (3) striking subsection (d) and inserting the fol6 lowing:

7 ‘‘(d) The Transportation Board shall revoke an exemp8 tion in whole or in part, to the extent that application of

9 a provision of this title to the person, class, or transpor10 tation is necessary to carry out the transportation policy

11 of section 10101a of this title. The Transportation Board

12 shall conclude a proceeding under this subsection within

13 180 days. In acting upon a request for revocation, the

14 Transportation Board shall consider the availability of

15 other economic transportation alternatives, in addition to

16 any other competitive factors it deems relevant. If a request

17 for revocation under this subsection is accompanied by a

18 complaint seeking monetary damages for a violation of a

19 provision of this title by a railroad, and the Transportation

20 Board does not render a final decision on such request with21 in 180 days after the filing of the revocation request and

22 complaint, then any monetary damages which the Trans23 portation Board may award at the conclusion of the pro24 ceeding shall be calculated from no later than the 181st day

25 following the filing of the revocation request and complaint
43

HR 2539 EAS

1 if the Transportation Board finds that such failure to

2 render a final decision within 180 days is due in substan3 tial part to dilatory practices of the railroad.’’;

4 (4) striking subsection (f) and inserting the fol5 lowing:

6 ‘‘(f) The Transportation Board may exercise its au7 thority under this section to exempt transportation that is

8 provided by a carrier as a part of a continuous intermodal

9 movement.’’; and

10 (5) striking subsection (g) and inserting the fol11 lowing:

12 ‘‘(g) The Transportation Board may not exercise its

13 authority under this section to relieve a carrier of its obliga14 tion to protect the interests of employees as required by this

15 part.’’.

16 SEC. 307. STANDARDS FOR RATES, CLASSIFICATIONS, ETC.

17 Section 10701 is amended by—

18 (1) redesignating subsection (c) as subsection (b);

19 (2) striking ‘‘subchapter I or III of chapter 105’’

20 in subsection (b) as so redesignated and inserting

21 ‘‘chapter 105’’;

22 (3) striking ‘‘the jurisdiction of the Commission

23 under either of those subchapters’’ in subsection (b) as

24 so redesignated and inserting ‘‘jurisdiction either
44

HR 2539 EAS

1 under chapter 105 of this part or under part B of this

2 subtitle’’; and

3 (4) striking subsections (d) through (f).

4 SEC. 308. STANDARDS FOR RATES FOR RAIL CARRIERS.

5 Section 10701a is amended by—

6 (1) striking ‘‘subchapter I of’’ in subsection (a);

7 (2) striking ‘‘lesser of the percentages described

8 in clauses (i) and (ii) of section 10707a(e)(2)(A) of

9 this title’’ in subparagraphs (2)(A)(i) and (2)(B)(i) of

10 subsection (b), and inserting ‘‘percentage described in

11 section 10707a(d)(1)’’; and

12 (3) adding at the end of subsection (b) the follow13 ing:

14 ‘‘(4)(A) Within 1 year after the date of enact15 ment of the Interstate Commerce Commission Sunset

16 Act of 1995, the Transportation Board shall complete

17 the Interstate Commerce Commission non-coal rate

18 guidelines proceeding pending on the date of enact19 ment of the Interstate Commerce Commission Sunset

20 Act of 1995 to establish a simplified and expedited

21 method for determining the reasonableness of chal22 lenged rail rates in those cases in which a full stand23 alone cost presentation is too costly given the value of

24 the case.
45

HR 2539 EAS

1 ‘‘(B) Within 6 months after that date of enact2 ment, the Transportation Board shall establish proce3 dures to ensure expeditious handling of challenges to

4 the reasonableness of railroad rates. The procedures

5 shall include appropriate measures for avoiding delay

6 in the discovery and evidentiary phases of such pro7 ceedings and for ensuring prompt disposition of mo8 tions and interlocutory administrative appeals.

9 ‘‘(C) In a proceeding to challenge the reasonable10 ness of a railroad rate, other than a proceeding aris11 ing under section 10707 of this title, the Transpor12 tation Board shall make its determination as to the

13 reasonableness of the challenged rate—

14 ‘‘(i) within 6 months after the close of the

15 administrative record if the determination is

16 based upon a stand-alone cost presentation, or

17 ‘‘(ii) within 3 months after the close of the

18 administrative record if the determination is

19 based upon the methodology adopted by the

20 Board pursuant to paragraph (4)(A).’’.

21 SEC. 309. AUTHORITY FOR CARRIERS TO ESTABLISH RATES,

22 CLASSIFICATIONS, ETC.

23 Section 10702 is amended by—
46

HR 2539 EAS

1 (1) beginning with ‘‘service,’’ in paragraph (2)

2 of subsection (a) striking all that follows and insert3 ing ‘‘service.’’; and

4 (2) striking subsections (b) and (c).

5 SEC. 310. AUTHORITY FOR CARRIERS TO ESTABLISH

6 THROUGH ROUTES.

7 Section 10703 is amended by—

8 (1) striking ‘‘, express, sleeping car,’’ in para9 graph (1) of subsection (a);

10 (2) striking paragraphs (3) and (4) of subsection

11 (a); and

12 (3) replacing ‘‘Commission under subchapter I,

13 II (insofar as motor carriers of property are con14 cerned), or III of’’ in subsection (b) with ‘‘Transpor15 tation Board under’’.

16 SEC. 311. AUTHORITY AND CRITERIA FOR PRESCRIBED

17 RATES, CLASSIFICATIONS, ETC.

18 Section 10704 is amended by—

19 (1) striking ‘‘subchapter I of’’ and ‘‘(including a

20 maximum or minimum rate, or both)’’ in the first

21 sentence of subsection (a)(1);

22 (2) striking ‘‘subchapter’’ in the first sentence of

23 subsection (a)(2) and inserting ‘‘chapter’’;

24 (3) striking the third sentence of subsection

25 (a)(2);
47

HR 2539 EAS

1 (4) striking paragraph (3) of subsection (a) and

2 redesignating paragraph (4) as (3);

3 (5) striking ‘‘within 180 days after the effective

4 date of the Staggers Rail Act of 1980 and’’ and

5 ‘‘thereafter’’ in subsection (a)(3), as redesignated;

6 (6) striking subsections (b), (c), (d) and (e);

7 (7) redesignating subsection (f) as subsection (b);

8 (8) striking ‘‘on its own initiative or’’ in sub9 section (b) as redesignated; and

10 (9) striking the last sentence of subsection (b), as

11 redesignated.

12 SEC. 312. AUTHORITY FOR PRESCRIBED THROUGH ROUTES,

13 JOINT CLASSIFICATIONS, ETC.

14 Section 10705 is amended by—

15 (1) striking ‘‘subchapter I, II (except a motor

16 common carrier of property), or III of’’, and ‘‘(in17 cluding maximum or minimum rates or both)’’ in

18 paragraph (1) of subsection (a);

19 (2) striking paragraph (3) of subsection (a);

20 (3) striking subsections (b) and (h) and redesig21 nating subsections (c) through (g) as subsections (b)

22 through (f);

23 (4) striking ‘‘or (b)’’ and ‘‘, water carrier, or

24 motor common carrier of property’’ in subsection (b),

25 as redesignated;
48

HR 2539 EAS

1 (5) striking ‘‘tariff’’ in subsection (d), as redesig2 nated, and inserting ‘‘proposed rate change’’;

3 (6) striking ‘‘, water common carrier, or motor

4 common carrier of property’’ in subsection (d), as re5 designated;

6 (7) striking ‘‘or (b)’’ and ‘‘on its own initiative

7 or’’ in the first sentence of subsection (e)(1) as redes8 ignated;

9 (8) striking ‘‘if the proceeding is brought on com10 plaint or within 18 months after the commencement

11 of a proceeding on the initiative of the Commission’’

12 in the second sentence of subsection (e)(1), as redesig13 nated; and

14 (9) striking ‘‘subsection (f)’’ in subsection (f), as

15 redesignated, and inserting ‘‘subsection (e)’’.

16 SEC. 313. ANTITRUST EXEMPTION FOR RATE AGREEMENTS.

17 Section 10706 is amended by—

18 (1) striking subsection (a)(3)(B);

19 (2) redesignating paragraphs (3)(C) and (D) of

20 subsection (a) as paragraphs (3)(B) and (C);

21 (3) striking ‘‘consider’’ in subsection

22 (a)(3)(B)(ii)(II), as redesignated, and inserting ‘‘con23 sidered’’;

24 (4) striking ‘‘subchapter I of’’ in subsection

25 (a)(5)(A);
49

HR 2539 EAS

1 (5) striking ‘‘the effective date of the Staggers

2 Rail Act of 1980’’ in subsection (a)(5)(C), and insert3 ing ‘‘October 1, 1980,’’;

4 (6) striking subsections (b), (c), and (d) and re5 designating subsections (e) through (g) as subsections

6 (b) through (d);

7 (7) striking the first sentence of subsection (c), as

8 redesignated, and inserting ‘‘The Transportation

9 Board may review an agreement approved under sub10 section (a) of this section and shall change the condi11 tions of approval or terminate it when necessary to

12 comply with the public interest.’’;

13 (8) striking ‘‘subsection (a), (b), or (c) of this

14 section.’’ in subsection (d), as redesignated and insert15 ing ‘‘subsection (a).’’; and

16 (9) striking subsections (h) and (i).

17 SEC. 314. INVESTIGATION AND SUSPENSION OF NEW RAIL

18 RATES, ETC.

19 Section 10707 is amended by—

20 (1) striking the first sentence of subsection (a)

21 and inserting ‘‘When a new individual or joint rate

22 or individual or joint classification, rule, or practice

23 related to a rate is proposed by a rail carrier provid24 ing transportation subject to the jurisdiction of the

25 Intermodal Surface Transportation Board under
50

HR 2539 EAS

1 chapter 105 of this title, the Transportation Board

2 may begin a proceeding, on complaint of an inter3 ested party, to determine whether the proposed rate,

4 classification, rule, or practice violates this part.’’;

5 (2) striking subsection (d)(3) and redesignating

6 subsection (d)(4) as (d)(3);

7 (3) striking ‘‘or section 10761’’ in subsection

8 (d)(3), as redesignated; and

9 (4) striking ‘‘the Commission shall, by rule, es10 tablish standards and procedures permitting a rail

11 carrier to ’’ in subsection (d)(3), as redesignated, and

12 inserting ‘‘a rail carrier may’’.

13 SEC. 315. ZONE OF RAIL CARRIER RATE FLEXIBILITY.

14 Section 10707a is amended by—

15 (1) striking ‘‘Commencing with the fourth quar16 ter of 1980, the’’ in subsection (a)(2)(B) and inserting

17 ‘‘The’’;

18 (2) striking ‘‘subchapter I of chapter 105 of this

19 title may’’ in subsection (b)(1) and inserting ‘‘chapter

20 105 of this title is authorized to’’;

21 (3) inserting a period after ‘‘involved’’ in para22 graph (1) of subsection (b) and striking the remainder

23 of the paragraph;

24 (4) striking ‘‘may not’’ in subsection (b)(3) and

25 inserting ‘‘is not authorized to’’;
51

HR 2539 EAS

1 (5) striking ‘‘(A)’’ and ‘‘or (B) inflation based

2 rate increases under section 10712 of this title appli3 cable to that rate’’ in subsection (b)(3);

4 (6) striking subsections (c), (d) and (e), redesig5 nating subsections (f), (g), and (h) as subsections (d),

6 (e), and (f), and inserting after subsection (b) the fol7 lowing:

8 ‘‘(c) In determining whether a rate is reasonable, the

9 Transportation Board shall consider, among other factors,

10 evidence of the following:

11 ‘‘(1) the amount of traffic which is transported

12 at revenues which do not contribute to going concern

13 value and efforts made to minimize such traffic;

14 ‘‘(2) the amount of traffic which contributes only

15 marginally to fixed costs and the extent to which, if

16 any, rates on such traffic can be changed to maximize

17 the revenues from such traffic; and

18 ‘‘(3) the carrier’s mix of rail traffic to determine

19 whether one commodity is paying an unreasonable

20 share of the carrier’s overall revenues.’’; and

21 (7) by striking subsection (d), as redesignated,

22 and inserting the following:

23 ‘‘(d)(1) A finding by the Board that a rate increase

24 exceeds the increase authorized under this section does not

25 establish a presumption that (A) the rail carrier proposing
52

HR 2539 EAS

1 such rate increase has or does not have market dominance

2 over the transportation to which the rate applies, or (B)

3 the proposed rate exceeds or does not exceed a reasonable

4 maximum.

5 ‘‘(2)(A) If a rate increase authorized under this section

6 in any year results in a revenue-variable cost percentage

7 for the transportation to which the rate applies that is equal

8 to or greater than 20 percentage points above the revenue9 variable cost percentage applicable under section 10709(d)

10 of this title, the Transportation Board may on complaint

11 of an interested party, begin an investigation proceeding

12 to determine whether the proposed rate increase violates this

13 subtitle.

14 ‘‘(B) In determining whether to investigate or not to

15 investigate any proposed rate increase that results in a rev16 enue-variable cost percentage for the transportation to

17 which the rate applies that is equal to or greater than the

18 percentage described in subparagraph (A) of this paragraph

19 (without regard to whether such rate increase is authorized

20 under this section), the Transportation Board shall set forth

21 its reasons therefor, giving due consideration to the follow22 ing factors:

23 ‘‘(i) the amount of traffic which is transported at

24 revenues which do not contribute to going concern

25 value and efforts made to minimize such traffic;
53

HR 2539 EAS

1 ‘‘(ii) the amount of traffic which contributes only

2 marginally to fixed costs and the extent to which, if

3 any, rates on such traffic can be changed to maximize

4 the revenues from such traffic; and

5 ‘‘(iii) the impact of the proposed rate or rate in6 crease on the attainment of the national energy goals

7 and the rail transportation policy under section

8 10101a of this title, taking into account the railroads’

9 role as a primary source of energy transportation and

10 the need for a sound rail transportation system in ac11 cordance with the revenue adequacy goals of section

12 10704 of this title.

13 This subparagraph shall not be construed to change existing

14 law with regard to the nonreviewability of such determina15 tion.’’.

16 SEC. 316. INVESTIGATION AND SUSPENSION OF NEW PIPE17 LINE CARRIER RATES, ETC.

18 Section 10708 is amended by—

19 (1) striking subsection (a)(1) and inserting the

20 following:

21 ‘‘(a)(1) The Intermodal Surface Transportation Board

22 may begin a proceeding to determine the lawfulness of a

23 proposed rate, classification, rule, or practice on applica24 tion of an interested party when a new individual or joint

25 rate or individual or joint classification, rule, or practice
54

HR 2539 EAS

1 affecting a rate is proposed by a pipeline carrier subject

2 to the Transportation Board’s jurisdiction under chapter

3 105 of this part.’’;

4 (2) striking ‘‘an express, sleeping car, or’’ in the

5 third sentence of subsection (b) and inserting ‘‘a’’;

6 and

7 (3) striking subsections (d) through (g).

8 SEC. 317. DETERMINATION OF MARKET DOMINANCE.

9 Section 10709 is amended by—

10 (1) adding at the end of subsection (a) the fol11 lowing: ‘‘In making a determination under this sec12 tion, the Transportation Board shall consider the

13 availability of other economic transportation alter14 natives, in addition to any other competitive factors

15 it deems relevant.’’;

16 (2) striking ‘‘subchapter I of ’’ in the first sen17 tence of subsection (b); and

18 (3) striking subsection (d) and inserting the fol19 lowing:

20 ‘‘(d) DETERMINATIONS OF RATE CHALLENGES.—

21 ‘‘(1) 180 PERCENT SAFE HARBOR.—In making a

22 determination under this section, the Transportation

23 Board shall find that the rail carrier establishing the

24 challenged rate does not have market dominance over

25 the transportation to which the rate applies if such
55

HR 2539 EAS

1 rail carrier proves that the rate charged results in a

2 revenue-variable cost percentage for such transpor3 tation that is less than 180 percent.

4 ‘‘(2) METHODOLOGY.—For purposes of determin5 ing the revenue-variable cost percentage for a particu6 lar transportation, variable costs shall be determined

7 by using the carrier’s costs, calculated using the Uni8 form Railroad Costing System (or an alternative cost

9 finding methodology adopted by the Transportation

10 Board in lieu thereof), with use of the current cost of

11 capital for calculating the return on investment, and

12 indexed quarterly to account for current wage and

13 price levels in the region in which the carrier oper14 ates.

15 ‘‘(3) BURDEN OF PROOF; REBUTTAL.—A rail

16 carrier may meet its burden of proof under this sub17 section by so establishing its variable costs, but a

18 shipper may rebut that showing by evidence of such

19 type, and in accordance with such burden of proof, as

20 the Transportation Board may prescribe.

21 ‘‘(4) NO PRESUMPTIONS CREATED.—A finding

22 by the Transportation Board that a rate charged by

23 a rail carrier results in a revenue-variable cost per24 centage for the transportation to which the rate ap-
56

HR 2539 EAS

1 plies that is equal to or greater than 180 percent does

2 not establish a presumption that—

3 ‘‘(A) such rail carrier has or does not have

4 market dominance over such transportation, or

5 ‘‘(B) the proposed rate exceeds or does not

6 exceed a reasonable maximum.’’.

7 SEC. 318. CONTRACTS.

8 Section 10713 is amended by—

9 (1) striking ‘‘subchapter I of ’’ in the first sen10 tence of subsection (a);

11 (2) striking subsection (b)(1) and inserting the

12 following:

13 ‘‘(b)(1) A summary of each contract for the transpor14 tation of agricultural products, including grain as defined

15 in section 3 of the United States Grain Standards Act (7

16 U.S.C. 75) and products thereof, entered into under this sec17 tion shall be filed with the Transportation Board, contain18 ing such nonconfidential information as the Transportation

19 Board prescribes. The Transportation Board shall publish

20 special rules for such contracts in order to assure that the

21 essential terms of the contract are available to the general

22 public. The parties to any such contract shall supply a copy

23 of the full contract to the Transportation Board upon re24 quest.’’;
57

HR 2539 EAS

1 (3) striking ‘‘in tariff format’’ in subparagraphs

2 (A) and (C) of subsection (b)(2);

3 (4) striking subsection (b)(2)(D);

4 (5) striking ‘‘other than a contract for the trans5 portation of agricultural commodities (including for6 est products and paper),’’ in subsection (d)(2)(A) and

7 inserting ‘‘for the transportation of agricultural com8 modities,’’;

9 (6) strike ‘‘only’’ in (d)(2)(A)(i);

10 (7) striking ‘‘the case of a contract for the trans11 portation of agricultural commodities (including for12 est products and paper), in’’ in subsection (d)(2)(B);

13 (8) inserting ‘‘of agricultural commodities’’ after

14 ‘‘filed by a shipper’’ in subsection (d)(2)(B);

15 (9) striking the last sentence of subsection

16 (d)(2)(B);

17 (10) striking ‘‘A contract that is approved by the

18 Commission’’ in subsection (i)(1) and inserting ‘‘In

19 any contract entered into after the effective date of the

20 Interstate Commerce Commission Sunset Act of 1995,

21 if the shipper in writing expressly waives all rights

22 and remedies under this part for the transportation

23 covered by the contract, a contract entered into’’;

24 (11) striking subsections (l) and (m); and
58

HR 2539 EAS

1 (12) striking ‘‘(including forest products but not

2 including wood pulp, wood chips, pulpwood or

3 paper)’’ in subsection (i)(1).

4 SEC. 319. GOVERNMENT TRAFFIC.

5 The text of section 10721 is amended to read as follows:

6 ‘‘A carrier providing transportation or service for the

7 United States Government may transport property or indi8 viduals for the United States Government without charge

9 or at a rate reduced from the applicable commercial rate.

10 Section 3709 of the Revised Statutes (41 U.S.C. 5) does not

11 apply when transportation for the United States Govern12 ment can be obtained from a carrier lawfully operating in

13 the area where the transportation would be provided.’’.

14 SEC. 320. RATES AND LIABILITY BASED ON VALUE.

15 Section 10730 is amended by—

16 (1) striking subsections (a) and (b);

17 (2) striking ‘‘(c)’’;

18 (3) striking ‘‘rail carrier’’ and inserting ‘‘car19 rier’’; and

20 (4) striking ‘‘subchapter I of ’’.

21 SEC. 321. PROHIBITIONS AGAINST DISCRIMINATION BY

22 COMMON CARRIERS.

23 Section 10741 is amended by—

24 (1) striking ‘‘subchapter I of ’’ in subsection (a);
59

HR 2539 EAS

1 (2) striking subsection (c) and inserting the fol2 lowing:

3 ‘‘(c) A carrier providing transportation subject to the

4 jurisdiction of the Transportation Board under chapter 105

5 of this title may not subject a freight forwarder providing

6 service subject to jurisdiction under part B of this subtitle

7 to unreasonable discrimination whether or not the freight

8 forwarder is controlled by that carrier.’’;

9 (3) striking ‘‘subchapter I of ’’ in subsection (e);

10 (4) striking subsection (f)(1) and inserting the

11 following: ‘‘(1) contracts under section 10713 of this

12 title;’’;

13 (5) striking paragraphs (2), (3), and (5) of sub14 section (f) and redesignating paragraph (4) as para15 graph (2); and

16 (6) striking ‘‘paragraphs (2), (3), and (4)’’ in

17 subsection (f) and inserting ‘‘paragraph (2)’’.

18 SEC. 322. FACILITIES FOR INTERCHANGE OF TRAFFIC.

19 Section 10742 is amended by—

20 (1) striking ‘‘subchapter I or III of ’’ and ‘‘pas21 sengers and’’; and

22 (2) striking ‘‘either of those subchapters.’’ and

23 inserting ‘‘Part A or B of this subtitle.’’.

24 SEC. 323. LIABILITY FOR PAYMENT OF RATES.

25 Section 10744 is amended by—
60

HR 2539 EAS

1 (1) striking ‘‘, motor, or water common’’ in the

2 first sentence of subsection (a)(1);

3 (2) striking ‘‘or express’’ in the first sentence of

4 subsection (b);

5 (3) striking ‘‘subtitle’’ in the first sentence of

6 subsections (a)(1) and (b) and inserting ‘‘part’’;

7 (4) striking paragraph (2) of subsection (c) and

8 renumbering paragraph (3) as paragraph (2); and

9 (5) striking ‘‘or express’’ in subsection (c)(2), as

10 redesignated.

11 SEC. 324. CONTINUOUS CARRIAGE OF FREIGHT.

12 Section 10745 is amended by striking ‘‘subchapter I

13 of ’’.

14 SEC. 325. TRANSPORTATION SERVICES OR FACILITIES FUR15 NISHED BY SHIPPER.

16 Section 10747 is amended by—

17 (1) striking the first and second sentences and

18 inserting the following: ‘‘A carrier providing trans19 portation or service subject to the jurisdiction of the

20 Intermodal Surface Transportation Board under

21 chapter 105 of this title may establish a charge or al22 lowance for transportation or service for property

23 when the owner of the property, directly or indirectly,

24 furnishes a service related to or an instrumentality

25 used in the transportation or service. The Transpor-
61

HR 2539 EAS

1 tation Board may prescribe the maximum reasonable

2 charge or allowance paid for such service or instru3 mentality furnished.’’; and

4 (2) striking ‘‘on its own initiative or’’ in the last

5 sentence.

6 SEC. 326. DEMURRAGE CHARGES.

7 Section 10750 is amended by striking ‘‘subchapter I

8 of ’’.

9 SEC. 327. TRANSPORTATION PROHIBITED WITHOUT TARIFF.

10 Section 10761 is amended to read as follows:

11 ‘‘§ 10761. Transportation of agricultural products pro12 hibited without tariff

13 ‘‘Except when providing transportation by contract as

14 provided in this subtitle, a carrier providing transportation

15 of agricultural products, including grain as defined in sec16 tion 3 of the United States Grain Standards Act (7 U.S.C.

17 75) and products thereof, and fertilizer and components

18 thereof, subject to the jurisdiction of the Intermodal Surface

19 Transportation Board under chapter 105 of this title shall

20 provide that transportation only if the rate for the trans21 portation is contained in a tariff that is in effect under

22 this subchapter. A carrier subject to this subsection may not

23 charge or receive a different compensation for that transpor24 tation than the rate specified in the tariff whether by re25 turning a part of that rate to a person, giving a person
62

HR 2539 EAS

1 a privilege, allowing the use of a facility that affects the

2 value of that transportation, or another device.’’.

3 SEC. 328. GENERAL ELIMINATION OF TARIFF FILING RE4 QUIREMENTS.

5 Section 10762 is amended to read as follows:

6 ‘‘§ 10762. General elimination of tariff filing require7 ments

8 ‘‘(a) Except as provided in section 10713 of this title,

9 a carrier providing transportation of agricultural products

10 including grain as defined in section 3 of the United States

11 Grain Standards Act (7 U.S.C. 75) and products thereof,

12 and fertilizer and components thereof, subject to the juris13 diction of the Intermodal Surface Transportation Board

14 under chapter 105 of this title shall publish, keep open and

15 retain for public inspection, and immediately furnish to an

16 entity requesting the same, tariffs containing its rates for

17 the transportation of such commodities and its classifica18 tions, rules, and practices related to such rates. Tariffs are

19 not required for any other commodity.

20 ‘‘(b)(1) Within 180 days after the enactment of the

21 Interstate Commerce Commission Sunset Act of 1995, the

22 Intermodal Surface Transportation Board shall prescribe

23 the form and manner of publishing, keeping open, furnish24 ing to the public, and retaining for public inspection tariffs

25 under this section. The Transportation Board may pre-
63

HR 2539 EAS

1 scribe specific charges to be identified in a tariff required

2 under this section to be published, kept open, furnished to

3 the public, or retained for public inspection, but those tar4 iffs must identify plainly—

5 ‘‘(A) the places between which property will be

6 transported;

7 ‘‘(B) privileges given and facilities allowed; and

8 ‘‘(C) any rules that change, affect, or determine

9 any part of the published rate.

10 ‘‘(2) A joint tariff published by a carrier under this

11 section shall identify the carriers that are parties to it.

12 ‘‘(c)(1) When a carrier proposes to change a rate for

13 transportation subject to this section, or a classification,

14 rule, or practice related to such rate, the carrier shall pub15 lish, transmit, and keep open for public inspection a notice

16 of the proposed change as required under subsections (a)

17 and (b) of this section.

18 ‘‘(2) A notice published under this subsection shall

19 plainly identify the proposed change or new or reduced rate

20 and indicate its proposed effective date. A proposed rate

21 change resulting in an increased rate or a new rate shall

22 not become effective for 20 days after the notice is published

23 and a proposed rate change resulting in a reduced rate shall

24 not become effective for 1 day after the notice is published,

25 except that a contract authorized under section 10713 of
64

HR 2539 EAS

1 this title shall become effective in accordance with the provi2 sions of such section.

3 ‘‘(d) The Transportation Board may reduce the notice

4 period of subsection (c) of this section if cause exists. The

5 Transportation Board may change the other requirements

6 of this section if cause exists in particular instances or as

7 they apply to special circumstances.

8 ‘‘(e) Acting in response to a complaint or on its own

9 motion, the Transportation Board may reject a tariff pub10 lished under this section if that tariff violates this section

11 or a regulation of the Transportation Board carrying out

12 this section.’’.

13 SEC. 329. DESIGNATION OF CERTAIN ROUTES.

14 Section 10763 is amended by striking ‘‘subchapter I

15 of ’’ in subsection (a)(1).

16 SEC. 330. AUTHORIZING CONSTRUCTION AND OPERATION

17 OF RAILROAD LINES.

18 Section 10901 is amended by—

19 (1) striking ‘‘subchapter I of ’’ in subsection (a);

20 and

21 (2) adding at the end the following new sub22 section:

23 ‘‘(f) SPECIAL RULE FOR NON-CLASS I TRANS24 ACTIONS.—For all transactions involving Class II freight

25 rail carriers, Class III freight rail carriers and non-car-
65

HR 2539 EAS

1 riers, that are not owned or controlled by a Class I rail

2 carrier and that are not a commuter, switching or terminal

3 railroad, which propose to acquire, construct, operate, or

4 provide transportation over a railroad line pursuant to this

5 section, the Transportation Board may, consistent with the

6 public interest, require an arrangement for the protection

7 of the interest of railroad employees who are adversely af8 fected by the transaction not to exceed one year’s salary per

9 adversely affected employee and protection no less than re10 quired by sections 2 through 5 of the Worker Adjustment

11 and Retraining Act, unless the adversely affected employees

12 or their representatives and the parties to the transaction

13 agree otherwise.’’.

14 SEC. 331. AUTHORIZING ACTION TO PROVIDE FACILITIES.

15 Section 10902 is amended by striking ‘‘subchapter I

16 of ’’ in the first sentence.

17 SEC. 332. AUTHORIZING ABANDONMENT AND DISCONTINU18 ANCE.

19 Section 10903 is amended by striking ‘‘subchapter I

20 of ’’ in subsection (a).

21 SEC. 333. FILING AND PROCEDURE FOR APPLICATIONS TO

22 ABANDON OR DISCONTINUE.

23 Section 10904 is amended by—

24 (1) striking ‘‘subchapter I of ’’ in subsection

25 (a)(2);
66

HR 2539 EAS

1 (2) striking subsection (d)(2);

2 (3) striking ‘‘(1)’’ in subsection (d); and

3 (4) striking ‘‘the application was approved by

4 the Secretary of Transportation as part of a plan or

5 proposal under section 333(a)–(d) of this title, or’’ in

6 subsection (e)(3).

7 SEC. 334. EXCEPTIONS.

8 Section 10907 is amended by striking ‘‘subchapter I

9 of ’’ in subsection (a).

10 SEC. 335. RAILROAD DEVELOPMENT.

11 Section 10910 is amended by—

12 (1) striking paragraph (2) of subsection (a) and

13 inserting the following:

14 ‘‘(2) ‘railroad line’ means any line of railroad.’’;

15 (2) striking ‘‘the effective date of the Staggers

16 Rail Act of 1980’’ in subsection (g)(2), and inserting

17 ‘‘October 1, 1980,’’; and

18 (3) striking subsection (k) and inserting the fol19 lowing:

20 ‘‘(k) The Transportation Board shall maintain such

21 regulations and procedures as may be necessary to carry

22 out the provisions of this section.’’.

23 SEC. 336. PROVIDING TRANSPORTATION, SERVICE, AND

24 RATES.

25 Section 11101 is amended to read as follows:
67

HR 2539 EAS

1 ‘‘§ 11101. Providing transportation, service, and rates

2 ‘‘(a) A carrier providing transportation or service sub3 ject to the jurisdiction of the Intermodal Surface Transpor4 tation Board under chapter 105 of this title shall provide

5 the transportation or service on reasonable request.

6 ‘‘(b) Notwithstanding any other provision of this title,

7 a rail carrier providing transportation service subject to the

8 jurisdiction of the Transportation Board under chapter 105

9 of this title shall provide, on reasonable written request,

10 common carrier rates and other common carrier service

11 terms of the type requested for specified services between

12 specified points. The response by a rail carrier to a request

13 for such rates or other service terms shall be in writing,

14 or shall be available electronically, and forwarded to the

15 requesting person no later than 30 days after receipt of the

16 request. A rail carrier shall not refuse to respond to a rea17 sonable request under this subsection on grounds that the

18 movement at issue is subject at the time a request is made

19 to a contract entered into under section 10713 of this title.

20 ‘‘(c) Common carrier rates and service terms provided

21 pursuant to subsection (b) of this section shall be subject

22 to the provisions of this title.

23 ‘‘(d) A rail carrier may not increase any common car24 rier rates, or change any common carrier service terms, pro25 vided pursuant to subsection (b) unless at least 20 days’

26 written or electronic notice is first provided to the person
68

HR 2539 EAS

1 that, within the previous 12 months, made a written or elec2 tronic request for the issue rate or service. Any such in3 creases or changes shall be subject to provisions of this sub4 title.’’.

5 SEC. 337. USE OF TERMINAL FACILITIES.

6 Section 11103 is amended by striking ‘‘subchapter I

7 of ’’ in subsection (a).

8 SEC. 338. SWITCH CONNECTIONS AND TRACKS.

9 Section 11104 is amended by striking ‘‘subchapter I

10 of ’’ in subsection (a).

11 SEC. 339. CRITERIA.

12 Section 11121 is amended by—

13 (1) striking ‘‘subchapter I of ’’ in subsection

14 (a)(1);

15 (2) striking subsection (a)(2) and inserting the

16 following:

17 ‘‘(2) The Transportation Board may require a

18 rail carrier to file its car service rules with the Trans19 portation Board.’’;

20 (3) striking ‘‘, 11127,’’ in subsection (b); and

21 (4) adding at the end the following:

22 ‘‘(c) The Transportation Board shall consult, as it

23 deems necessary, with the National Grain Car Council on

24 matters within the charter of that body.’’.
69

HR 2539 EAS

1 SEC. 340. REROUTING TRAFFIC ON FAILURE OF RAIL CAR2 RIER TO SERVE PUBLIC.

3 Section 11124 is amended by striking ‘‘subchapter I

4 of ’’ in subsection (a).

5 SEC. 341. DIRECTED RAIL TRANSPORTATION.

6 Section 11125 is amended by striking ‘‘subchapter I

7 of ’’ in subsection (a).

8 SEC. 342. WAR EMERGENCIES; EMBARGOES.

9 Section 11128 is amended by—

10 (1) striking ‘‘sections 11123(a)(4) and

11 11127(a)(1)(C)’’ and inserting ‘‘section 11123(a)’’ in sub12 section (a)(1); and

13 (2) striking ‘‘subchapter I of ’’ in subsection (a)(2).

14 SEC. 343. DEFINITIONS FOR SUBCHAPTER III.

15 Section 11141 is amended to read as follows:

16 ‘‘§ 11141. Definitions

17 ‘‘In this subchapter—

18 ‘‘(1) ‘carrier’ and ‘lessor’ include a receiver or

19 trustee of a carrier and lessor respectively.

20 ‘‘(2) ‘lessor’ means a person owning a railroad

21 or a pipeline that is leased to and operated by a car22 rier providing transportation subject to the jurisdic23 tion of the Intermodal Surface Transportation Board

24 under chapter 105 of this title.

25 ‘‘(3) ‘association’ means an organization main26 tained by or in the interest of a group of carriers pro-
70

HR 2539 EAS

1 viding transportation or service subject to the juris2 diction of the Intermodal Surface Transportation

3 Board that performs a service, or engages in activi4 ties, related to transportation under this part.’’.

5 SEC. 344. DEPRECIATION CHARGES.

6 Section 11143 is amended by—

7 (1) striking ‘‘subchapter I or III of ’’; and

8 (2) striking ‘‘and may, for a class of carriers

9 providing transportation subject to its jurisdiction

10 under subchapter II of that chapter,’’.

11 SEC. 345. RECORDS, ETC.

12 Section 11144 is amended by—

13 (1) striking ‘‘, brokers,’’ in subsection (a)(1);

14 (2) striking ‘‘or express’’ and ‘‘subchapter I of ’’

15 in subsection (a)(2);

16 (3) striking ‘‘, broker,’’ in subsection (b)(1);

17 (4) striking ‘‘broker,’’ in subsection (b)(2)(A);

18 (5) striking ‘‘or express’’ in subsection (b)(2)(C);

19 (6) redesignating subsection (d) as subsection (c);

20 and

21 (7) striking ‘‘brokers,’’ in subsection (c), as redes22 ignated.

23 SEC. 346. REPORTS BY CARRIERS, LESSORS, AND ASSOCIA24 TIONS.

25 Section 11145 is amended by—
71

HR 2539 EAS

1 (1) striking ‘‘brokers,’’ in subsection (a)(1);

2 (2) striking ‘‘or express,’’ in subsection (a)(2);

3 (3) striking ‘‘broker,’’ in the first sentence of sub4 section (b)(1);

5 (4) striking the second sentence of subsection

6 (b)(1); and

7 (5) striking subsection (c).

8 SEC. 347. ACCOUNTING AND COST REPORTING.

9 Section 11166 is amended by—

10 (1) striking ‘‘subchapter I of’’ in the first sen11 tence of subsection (a);

12 (2) striking the third sentence of subsection (a);

13 and

14 (3) striking ‘‘the cost accounting principles es15 tablished by the Transportation Board or under gen16 erally accepted accounting principles or the require17 ments of the Securities and Exchange Commission’’

18 in subsection (b) and inserting ‘‘the appropriate cost

19 accounting principles’’.

20 SEC. 348. SECURITIES, OBLIGATIONS, AND LIABILITIES.

21 Section 11301(a)(1) is amended by—

22 (1) striking ‘‘or sleeping car’’; and

23 (2) striking ‘‘subchapter I of’’.
72

HR 2539 EAS

1 SEC. 349. EQUIPMENT TRUSTS.

2 Section 11303 is amended by adding at the end thereof

3 the following:

4 ‘‘(c) The Transportation Board shall collect, maintain

5 and keep open for public inspection a railway equipment

6 register consistent with the manner and format maintained

7 at the time of enactment of the Interstate Commerce Com8 mission Sunset Act of 1995.

9 ‘‘(d) A mortgage, lease, equipment trust agreement,

10 conditional sales agreement, or other instrument evidencing

11 the mortgage, lease, conditional sale, or bailment of or secu12 rity interest in railroad cars, locomotives, or other rolling

13 stock, or accessories used on such railroad cars, locomotives,

14 or other rolling stock (including superstructures and racks),

15 or any assignment thereof, which—

16 ‘‘(1) is duly constituted under the laws of a

17 country other than the United States; and

18 ‘‘(2) relates to property that bears the reporting

19 marks and identification numbers of any person dom20 iciled in or corporation organized under the laws of

21 such country,

22 shall be recognized with the same effect as having been filed

23 under this section.

24 ‘‘(e) Interests with respect to which documents are filed

25 or recognized under this section are deemed perfected in all

26 jurisdictions, and shall be governed by applicable State or
73

HR 2539 EAS

1 foreign law in all matters not specifically governed by this

2 section.’’.

3 SEC. 350. RESTRICTIONS ON OFFICERS AND DIRECTORS.

4 Section 11322 is amended by—

5 (1) redesignating subsections (a) and (b) as sub6 sections (b) and (c), respectively;

7 (2) inserting before subsection (b), as redesig8 nated, the following:

9 ‘‘(a) In this section ‘‘carrier’’ means a rail carrier pro10 viding transportation subject to the jurisdiction of the

11 Intermodal Surface Transportation Board under chapter

12 105 of this title (except a street, suburban, or interurban

13 electric railway not operated as a part of a general railroad

14 system of transportation), and a corporation organized to

15 provide transportation by rail carrier subject to that chap16 ter.’’;

17 (3) striking ‘‘as defined in section 11301(a)(1) of

18 this title’’ in subsection (b) as redesignated; and

19 (4) striking ‘‘subsection (a)’’ and inserting ‘‘sub20 section (b)’’ in subsection (c), as redesignated.

21 SEC. 351. LIMITATION ON POOLING AND DIVISION OF

22 TRANSPORTATION OR EARNINGS.

23 Section 11342 is amended by—

24 (1) striking ‘‘subchapter I, II, or III of’’ in the

25 first sentence of subsection (a);
74

HR 2539 EAS

1 (2) striking ‘‘Except as provided in subsection

2 (b) for agreements or combinations between or among

3 motor common carriers of property, the’’ in the sec4 ond sentence of subsection (a) and inserting ‘‘The’’;

5 and

6 (3) striking subsections (b) and (d) and redesig7 nating subsections (c) and (e) as subsections (b) and

8 (c), respectively.

9 SEC. 352. CONSOLIDATION, MERGER, AND ACQUISITION OF

10 CONTROL.

11 Section 11343 is amended by—

12 (1) inserting ‘‘(except a pipeline carrier)’’ after

13 ‘‘involving carriers’’ in subsection (a);

14 (2) striking ‘‘subchapter I (except a pipeline car15 rier), II, or III of’’ in subsection (a);

16 (3) striking paragraph (1) of subsection (d) and

17 striking ‘‘(2)’’ in paragraph (2); and

18 (4) striking subsection (e).

19 SEC. 353. GENERAL PROCEDURE AND CONDITIONS OF AP20 PROVAL FOR CONSOLIDATION, ETC.

21 Section 11344 is amended by—

22 (1) striking the third sentence in subsection (a);

23 (2) striking ‘‘subchapter I of that chapter’’ in the

24 last sentence of subsection (a) and inserting ‘‘chapter

25 105’’;
75

HR 2539 EAS

1 (3) striking paragraph (2) of subsection (b) and

2 striking ‘‘(1)’’ in the first paragraph of subsection (b);

3 (4) striking ‘‘transaction.’’ at the end of the sec4 ond sentence of subsection (c) and inserting ‘‘trans5 action, including the divestiture of parallel tracks or

6 requiring the granting of trackage rights and access

7 to other facilities. Any trackage rights and related

8 conditions imposed to alleviate anticompetitive effects

9 of the transaction shall provide for operating terms

10 and compensation levels to ensure that such effects are

11 alleviated.’’;

12 (5) striking the fourth sentence of subsection (c);

13 (6) striking ‘‘When a rail carrier is involved in

14 the transaction, the’’ in the last sentence of subsection

15 (c) and inserting ‘‘The’’;

16 (7) striking the last two sentences of subsection

17 (d); and

18 (8) striking subsection (e).

19 SEC. 354. RAIL CARRIER PROCEDURE FOR CONSOLIDATION,

20 ETC.

21 Section 11345 is amended by—

22 (1) striking ‘‘subchapter I of’’ in the first sen23 tence of subsection (a);

24 (2) inserting ‘‘, including comments by the Sec25 retary of Transportation and the Attorney General,’’
76

HR 2539 EAS

1 before ‘‘may be filed’’ in the first sentence of sub2 section (c)(1);

3 (3) striking the last two sentences of subsection

4 (c)(1);

5 (4) inserting ‘‘, including comments by the Sec6 retary of Transportation and the Attorney General,’’

7 before ‘‘may be filed’’ in the first sentence of sub8 section (d)(1); and

9 (5) striking the last two sentences of subsection

10 (d)(1).

11 SEC. 355. EMPLOYEE PROTECTIVE ARRANGEMENTS.

12 Section 11347 is amended by striking ‘‘or section

13 11346’’ in the first sentence.

14 SEC. 356. AUTHORITY OVER NONCARRIER ACQUIRERS.

15 Section 11348(a) is amended by striking all after the

16 colon and inserting ‘‘sections 504(f) and 10764, subchapter

17 III of chapter 111, and sections 11301, 11901(e), and

18 11909.’’.

19 SEC. 357. AUTHORITY OVER INTRASTATE TRANSPOR20 TATION.

21 Section 11501 is amended by—

22 (1) striking subsections (a), (e), (g) and (h) and

23 redesignating subsections (b), (c), (d), and (f) as sub24 sections (a), (b), (c) and (d), respectively;
77

HR 2539 EAS

1 (2) striking paragraphs (2) through (6) of sub2 section (a), as redesignated;

3 (3) striking ‘‘(1)’’ and ‘‘subchapter I of’’ in sub4 section (a), as redesignated;

5 (4) striking ‘‘subchapter I of’’ in subsection (b),

6 as redesignated;

7 (5) striking ‘‘subchapter I of’’ in subsection

8 (c)(1), as redesignated;

9 (6) striking ‘‘subsection (a) of this section and’’

10 in subsection (c)(2), as redesignated; and

11 (7) striking the first sentence of subsection (d), as

12 redesignated, and inserting the following: ‘‘The Trans13 portation Board may take action under this section

14 only after a full hearing.’’.

15 SEC. 358. TAX DISCRIMINATION AGAINST RAIL TRANSPOR16 TATION PROPERTY.

17 Section 11503 is amended by—

18 (1) striking ‘‘subchapter I of’’ in subsection

19 (a)(3); and

20 (2) striking ‘‘subchapter I of’’ in subsection

21 (b)(4).

22 SEC. 359. WITHHOLDING STATE AND LOCAL INCOME TAX BY

23 CERTAIN CARRIERS.

24 Section 11504 is amended by—

25 (1) striking ‘‘subchapter I of’’ in subsection (a);
78

HR 2539 EAS

1 (2) striking subsections (b) and (c) and redesig2 nating subsection (d) as subsection (b); and

3 (3) striking ‘‘, motor, and motor private’’ and

4 ‘‘subsection (a) or (b) of’’ in subsection (b), as redesig5 nated.

6 SEC. 360. GENERAL AUTHORITY FOR ENFORCEMENT, IN7 VESTIGATIONS, ETC.

8 Section 11701 is amended by—

9 (1) striking ‘‘, broker or freight forwarder’’ in the

10 second and fourth sentences of subsection (a);

11 (2) striking the third sentence of subsection (a);

12 (3) striking the first 2 sentences of subsection (b)

13 and inserting the following: ‘‘A person, including a

14 governmental authority, may file with the Transpor15 tation Board a complaint about a violation of this

16 part by a carrier providing transportation or service

17 subject to the jurisdiction of the Transportation

18 Board under this part. The complaint must state the

19 facts that are the subject of the violation.’’; and

20 (4) striking ‘‘subchapter I of’’ in the last sentence

21 of subsection (b).

22 SEC. 361. ENFORCEMENT.

23 Section 11702 is amended by—

24 (1) striking ‘‘(a)’’ in subsection (a);
79

HR 2539 EAS

1 (2) striking paragraphs (4) through (6) of sub2 section (a);

3 (3) striking ‘‘or 10933’’ in paragraph (1);

4 (4) striking paragraph (2) and inserting the fol5 lowing:

6 ‘‘(2) to enforce subchapter III of chapter 113 of

7 this title and to compel compliance with an order of

8 the Transportation Board under that subchapter;

9 and’’

10 (5) striking ‘‘subchapter I of’’ in paragraph (3);

11 (6) striking the semicolon at the end of para12 graph (3) and inserting a period; and

13 (7) striking subsection (b).

14 SEC. 362. ATTORNEY GENERAL ENFORCEMENT.

15 Section 11703 is amended by striking ‘‘or permit’’

16 wherever it appears in subsection (a).

17 SEC. 363. RIGHTS AND REMEDIES.

18 Section 11705 is amended by—

19 (1) striking ‘‘or a freight forwarder’’ in sub20 section (a);

21 (2) striking subsection (b)(1) and inserting the

22 following:

23 ‘‘(b)(1) A carrier providing transportation or service

24 subject to the jurisdiction of the Transportation Board

25 under chapter 105 of this title is liable to a person for
80

HR 2539 EAS

1 amounts charged that exceed the applicable rate for the

2 transportation or service.’’;

3 (3) striking ‘‘subparagraph I or III of’’ in sub4 section ((b)(2);

5 (4) striking subsection (b)(3);

6 (5) striking ‘‘subchapter I or III of’’ in the first

7 sentence of subsection (c)(1);

8 (6) striking the second sentence of subsection

9 (c)(1);

10 (7) striking ‘‘subchapter I or III of’’ in the sec11 ond sentence of subsection (c)(2);

12 (8) striking ‘‘subchapter I or III of’’ in the first

13 sentence of subsection (d)(1); and

14 (9) striking ‘‘, or (D) if a water carrier, in

15 which a port of call on a route operated by that car16 rier is located’’ and inserting ‘‘or’’ before ‘‘(C)’’ in the

17 fourth sentence of subsection (d)(1).

18 SEC. 364. LIMITATION ON ACTIONS.

19 Section 11706 is amended by—

20 (1) striking subsection (a) and inserting the fol21 lowing:

22 ‘‘(a) A carrier providing transportation or service sub23 ject to the jurisdiction of the Intermodal Surface Transpor24 tation Board under chapter 105 of this title must begin a

25 civil action to recover charges for the transportation or serv-
81

HR 2539 EAS

1 ice provided by the carrier within 3 years after the claim

2 accrues.’’;

3 (2) striking the first sentence of subsection (b)

4 and inserting ‘‘A person must begin a civil action to

5 recover overcharges under section 11705(b)(1) of this

6 title within 3 years after the claim accrues.’’;

7 (3) striking ‘‘subchapter I or III of’’ in the last

8 sentence of subsection (b);

9 (4) striking ‘‘(1)’’ in subsection (c);

10 (5) striking paragraph (2) of subsection (c); and

11 (6) striking ‘‘(c)(1)’’ in the second sentence of

12 subsection (d) and inserting ‘‘(c)’’.

13 SEC. 365. LIABILITY OF COMMON CARRIERS UNDER RE14 CEIPTS AND BILLS OF LADING.

15 (a) Section 11707 is amended by—

16 (1) striking ‘‘(a)(1)’’ in subsection (a) and in17 serting ‘‘(a)’’;

18 (2) striking paragraph (2) of subsection (a);

19 (3) striking ‘‘subchapter I, II, or IV of’’ and

20 ‘‘and a freight forwarder’’ in the first sentence of sub21 section (a), as amended;

22 (4) striking ‘‘or freight forwarder’’ in the second

23 sentence of subsection (a), as amended;

24 (5) striking ‘‘subchapter I, II, or IV’’ in the sec25 ond sentence of subsection (a), as amended, and in-
82

HR 2539 EAS

1 serting ‘‘chapter 105 or subject to jurisdiction under

2 part B of this subtitle’’;

3 (6) striking ‘‘, except in the case of a freight for4 warder,’’ in the third sentence of subsection (a), as

5 amended;

6 (7) striking ‘‘diverted under a tariff filed under

7 subchapter IV of chapter 107 of this title.’’ in the

8 third sentence of subsection (a), as amended, and in9 serting ‘‘diverted.’’;

10 (8) striking ‘‘or freight forwarder’’ in the fourth

11 sentence of subsection (a);

12 (9) striking ‘‘and freight forwarder’’ in sub13 section (c)(1), and striking ‘‘filed with the Commis14 sion’’;

15 (10) striking paragraph (3) of subsection (c) and

16 redesignating paragraph (4) as paragraph (3);

17 (11) striking ‘‘or freight forwarder’’ wherever it

18 appears in subsection (e); and

19 (12) striking ‘‘or freight forwarder’s’’ in sub20 section (e)(2).

21 (b) The index for chapter 117 is amended by striking

22 out the item relating to section 11707 and inserting in lieu

23 thereof the following:

‘‘Sec. 11707. Liability of Carriers under receipts and bills of lading.’’.
83

HR 2539 EAS

1 SEC. 366. LIABILITY WHEN PROPERTY IS DELIVERED IN

2 VIOLATION OF ROUTING INSTRUCTIONS.

3 Section 11710 is amended by striking ‘‘subchapter I

4 of’’ in subsection (a)(1).

5 SEC. 367. GENERAL CIVIL PENALTIES.

6 Section 11901 is amended by:

7 (1) striking ‘‘subchapter I of’’ in subsection (a)

8 and subsection (b);

9 (2) striking subsection (c) and subsections (g)

10 through (l), and redesignating subsections (d) through

11 (f) as (c) through (e), respectively, and subsection (m)

12 as (f);

13 (3) striking ‘‘11127’’ in subsection (d), as redes14 ignated;

15 (4) striking ‘‘(1)’’ in subsection (d), as redesig16 nated, and striking paragraph (2) of that subsection;

17 (5) striking ‘‘subchapter I of’’ each place it ap18 pears in subsection (e), as redesignated;

19 (6) striking ‘‘(1)’’ in subsection (f), as redesig20 nated, and striking paragraph (2) of that subsection;

21 and

22 (7) striking ‘‘subsections (a)-(f) of’’ in subsection

23 (f), as redesignated.
84

HR 2539 EAS

1 SEC. 368. CIVIL PENALTY FOR ACCEPTING REBATES FROM

2 COMMON CARRIER.

3 Section 11902 is amended by striking ‘‘contained in

4 a tariff filed with the Commission under subchapter IV of

5 chapter 107 of this title’’.

6 SEC. 369. RATE, DISCRIMINATION, AND TARIFF VIOLA7 TIONS.

8 Section 11903 is amended by striking ‘‘under chapter

9 107 of this title’’ in subsection (a).

10 SEC. 370. ADDITIONAL RATE AND DISCRIMINATION VIOLA11 TIONS.

12 Section 11904 is amended by—

13 (1) striking subsections (b) through (d);

14 (2) striking ‘‘(a)(1)’’ in subsection (a) and in15 serting ‘‘(a)’’;

16 (3) redesignating paragraphs (2) and (3) of sub17 section (a) as subsections (b) and (c), respectively;

18 (4) striking ‘‘(A)’’ and ‘‘(B)’’ in subsection (b),

19 as redesignated, and inserting ‘‘(1)’’ and ‘‘(2)’’, re20 spectively;

21 (5) striking ‘‘subchapter I of’’ in subsections (b)

22 and (c), as redesignated; and

23 (6) striking ‘under chapter 107 of this title’’ in

24 subsection (b), as redesignated.
85

HR 2539 EAS

1 SEC. 371. INTERFERENCE WITH RAILROAD CAR SUPPLY.

2 Section 11907 is amended by striking ‘‘subchapter I

3 of’’ in subsections (a) and (b).

4 SEC. 372. RECORD KEEPING AND REPORTING VIOLATIONS.

5 Section 11909 is amended by—

6 (1) striking subsections (b) through (d);

7 (2) striking ‘‘subchapter I of’’ in subsection (a);

8 and

9 (3) striking ‘‘(a)’’ in subsection (a).

10 SEC. 373. UNLAWFUL DISCLOSURE OF INFORMATION.

11 Section 11910 is amended by—

12 (1) striking paragraphs (2) through (4) of sub13 section (a);

14 (2) striking ‘‘(a)(1)’’ in subsection (a) and in15 serting ‘‘(a)’’;

16 (3) striking ‘‘(A)’’ and ‘‘(B)’’ in subsection (a)

17 and inserting ‘‘(1) and ‘‘(2)’’, respectively;

18 (4) striking ‘‘subchapter I of’’ in subsections (a)

19 and (d); and

20 (5) striking ‘‘or broker’’ in subsection (b).

21 SEC. 374. CONSOLIDATION, MERGER, AND ACQUISITION OF

22 CONTROL.

23 Section 11912 is amended by striking out ‘‘11346,’’.

24 SEC. 375. GENERAL CRIMINAL PENALTY.

25 Section 11914 is amended by—

26 (1) striking subsections (b) through (d);
86

HR 2539 EAS

1 (2) striking ‘‘(a)’’ in subsection (a);

2 (3) striking ‘‘subchapter I of’’ in the first sen3 tence; and

4 (4) striking ‘‘11321(a) or’’ in the last sentence.

5 SEC. 376. FINANCIAL ASSISTANCE FOR STATE PROJECTS.

6 Section 22101 is amended by striking ‘‘subchapter I

7 of’’ in the first sentence of subsection (a).

8 SEC. 377. STATUS OF AMTRAK AND APPLICABLE LAWS.

9 Section 24301 is amended by striking ‘‘subchapter I

10 of’’ in subsections (c)(2)(B) and (d).

11 SEC. 378. RAIL-SHIPPER TRANSPORTATION ADVISORY

12 COUNCIL.

13 (a) ESTABLISHMENT.—Chapter 103 is amended by

14 adding at the end thereof the following:

15 ‘‘SUBCHAPTER VI. RAIL—SHIPPER

16 TRANSPORTATION ADVISORY COUNCIL

17 § 10391. Rail—Shipper Transportation Advisory

18 Council

19 ‘‘(a) ESTABLISHMENT; MEMBERSHIP.—There is estab20 lished the Rail-Shipper Transportation Advisory Council

21 (hereinafter in this section referred to as the ‘‘Council’’) to

22 be composed of 15 members appointed by the Chairman of

23 the Transportation Board, after recommendation from car24 riers and shippers, within 60 days after the date of enact25 ment of the Interstate Commerce Commission Sunset Act
87

HR 2539 EAS

1 of 1995. The members of the Council shall be appointed as

2 follows:

3 ‘‘(1) The members of the Council shall be ap4 pointed from among citizens of the United States who

5 are not regular full-time employees of the United

6 States and shall be selected for appointment so as to

7 provide as nearly as practicable a broad representa8 tion of the various segments of the rail and rail ship9 per industry.

10 ‘‘(2) Nine of the members shall be appointed

11 from senior executive officers of organizations engaged

12 in the railroad and rail shipping industry, which 9

13 members shall be the voting members of the Council.

14 Council action and Council positions shall be deter15 mined by a majority vote of the members or by a ma16 jority vote of a quorum thereof. A majority of such

17 voting members shall constitute a quorum. Of such 9

18 voting members—

19 ‘‘(A) at least 4 shall be representative of

20 small shippers (as determined by the Chairman);

21 and

22 ‘‘(B) at least 4 shall be representative of

23 small railroads (Class II or III).

24 ‘‘(3) The remaining 6 members of the Council

25 shall serve in a non-voting advisory capacity only,
88

HR 2539 EAS

1 but shall be entitled to participate in Council delib2 erations. Of the remaining members—

3 ‘‘(A) 3 shall be from Class I railroads; and

4 ‘‘(B) 3 shall be from large shipper organiza5 tions (as determined by the Chairman).

6 ‘‘(4) The Secretary of Transportation and the

7 members of the Transportation Board shall serve as

8 ex officio members of the Council. The Council shall

9 not be subject to the Federal Advisory Committee Act.

10 A list of the members appointed to the Council shall

11 be forwarded to the Chairmen and ranking members

12 of the Senate Committee on Commerce, Science, and

13 Transportation and the House Committee on Trans14 portation and Infrastructure.

15 ‘‘(5) Each ex officio member of the Council may

16 designate an alternate, who shall serve as a member

17 of the Council whenever the ex officio member is un18 able to attend a meeting of the Council. Any such des19 ignated alternate shall be selected from individuals

20 who exercise significant decision-making authority in

21 the Federal agency involved.

22 ‘‘(b) TERM OF OFFICE.—The members of the Council

23 shall be appointed for a term of office of three years, except

24 that of the members first appointed—
89

HR 2539 EAS

1 ‘‘(1) 5 members shall be appointed for terms of

2 1 year, and

3 ‘‘(2) 5 members shall be appointed for terms of

4 2 years,

5 as designated by the Chairman at the time of appointment.

6 Any member appointed to fill a vacancy occurring before

7 the expiration of the term for which the member’s prede8 cessor was appointed shall be appointed only for the re9 mainder of such term. A member may serve after the expira10 tion of his term until his successor has taken office. Vacan11 cies on the Council shall be filled in the same manner in

12 which the original appointments were made. No member

13 of the Council shall be eligible to serve in excess of two con14 secutive terms.

15 ‘‘(c) ELECTION AND DUTIES OF OFFICERS.—The

16 Council Chairman and Vice Chairman and other appro17 priate officers of the Council shall be elected by and from

18 the voting members of the Council. The Council Chairman

19 shall serve as the Council’s executive officer and shall direct

20 the administration of the Council, assign officer and com21 mittee duties, and shall be responsible for issuing and com22 municating the reports, policy positions and statements of

23 the Council. In the event that the Council Chairman is un24 able to serve, the Vice Chairman shall act as Council Chair25 man.
90

HR 2539 EAS

1 ‘‘(d) EXPENSES.—The members of the Council shall re2 ceive no compensation for their services as such, but upon

3 request by the Council Chairman, based on a showing of

4 significant economic burden, the Secretary of Transpor5 tation or the Chairman may provide reasonable and nec6 essary travel expenses for such individual Council members

7 from Department or Transportation Board funding sources

8 in order to foster balanced representation on the Council.

9 Upon request by the Council Chairman, the Secretary or

10 Chairman may but is not required to pay the reasonable

11 and necessary expenses incurred by the Council in connec12 tion with the coordination of Council activities, announce13 ment and reporting of meetings, and preparation of such

14 Council documents as are required or permitted by this Act.

15 However, prior to making any funding requests the Council

16 Chairman shall undertake best efforts to fund such activities

17 privately unless he or she reasonably feels such private

18 funding would create irreconcilable conflicts or the appear19 ance thereof, or is otherwise impractical. The Council

20 Chairman shall not request funding from any federal agen21 cy unless he or she provides written justification as to why

22 private funding would create such conflict or appearance,

23 or is otherwise impractical. To enable the Council to carry

24 out its functions—
91

HR 2539 EAS

1 ‘‘(1) the Council Chairman may request directly

2 from any Federal department or agency such person3 nel, information, services, or facilities, on a com4 pensated or uncompensated basis, as he or she deter5 mines necessary to carry out the functions of the

6 Council;

7 ‘‘(2) each Federal department or agency may, in

8 their discretion, furnish the Council with such infor9 mation, services, and facilities as the Council Chair10 man may request to the extent permitted by law and

11 within the limits of available funds; and

12 ‘‘(3) Federal agencies and departments may, in

13 their discretion, detail to temporary duty with the

14 Council, such personnel as the Council Chairman

15 may request for carrying out the functions of the

16 Council, each such detail to be without loss of senior17 ity, pay, or other employee status.

18 ‘‘(e) MEETINGS.—The Council shall meet at least semi19 annually and shall hold such other meetings as deemed pru20 dent by and at the call of the Council Chairman. Appro21 priate federal facilities, where available, may be used for

22 such meetings. Whenever the Council, or a committee of the

23 Council, considers matters that affect the jurisdictional in24 terests of Federal agencies that are not represented on the

25 Council, the Council Chairman may invite the heads of
92

HR 2539 EAS

1 such agencies, or their alternates, to participate in the de2 liberations of the Council.

3 ‘‘(f) FUNCTIONS AND DUTIES; ANNUAL REPORT.—The

4 Council shall advise the Secretary, Chairman, and relevant

5 Congressional transportation policy oversight committees

6 with respect to rail transportation policy issues it deems

7 significant, with particular attention to issues of impor8 tance to small shippers and small railroads, including car

9 supply, rates, competition, and effective procedures for ad10 dressing legitimate shipper and other claims. To the extent

11 the Council addresses specific grain car issues, it shall co12 ordinate such activities with the Grain Car Council. The

13 Secretary and Chairman shall work in cooperation with the

14 Council to provide research, technical and other reasonable

15 support in developing any documents provided for hereby.

16 The Council shall endeavor to develop within the private

17 sector mechanisms to prevent or identify and effectively ad18 dress obstacles to the most effective and efficient transpor19 tation system practicable. The Council shall prepare an an20 nual report concerning its activities and the results of

21 Council efforts to resolve industry issues within the Council

22 structure in lieu of seeking regulatory or legislative relief,

23 and propose whatever regulatory or legislative relief it

24 deems appropriate in the event such efforts are unsuccessful.

25 The Council shall include therein such recommendations as
93

HR 2539 EAS

1 it deems appropriate with respect to the performance of the

2 Secretary and Chairman under this chapter, and with re3 spect to the operation and effectiveness of meetings and in4 dustry developments relating to the Council’s efforts, and

5 such other information as it deems appropriate. Such an6 nual reports shall be reviewed by the Secretary and Chair7 man, and shall include the Secretary’s and Chairman’s

8 views or comments relating to the accuracy of information

9 therein, Council efforts and reasonableness of Council posi10 tions and actions and any other aspects of the Council’s

11 work as they may deem appropriate. The Council may pre12 pare other reports or develop policy statements as the Coun13 cil deems appropriate. Each annual report shall cover a

14 fiscal year and shall be submitted to the Secretary and

15 Chairman on or before the thirty-first day of December fol16 lowing the close of the fiscal year. Other such reports and

17 statements may be communicated as the Council deems ap18 propriate.’’.

19 (b) CONFORMING AMENDMENT.—The table of sub20 chapters for chapter 103 is amended by adding at the end

21 thereof the following:

‘‘SUBCHAPTER VI. RAIL AND SHIPPER TRANSPORTATION ADVISORY

COUNCIL

‘‘10391. Rail and shipper advisory council.’’.
94

HR 2539 EAS

1 TITLE IV—MOTOR CARRIER,

2 WATER CARRIER, BROKER,

3 AND FREIGHT FORWARDER

4 TRANSPORTATION

5 Subtitle A—Addition of Part B

6 SEC. 401. ENACTMENT OF PART B OF SUBTITLE IV, TITLE 49,

7 UNITED STATES CODE.

8 Subtitle IV is amended by inserting after chapter 119

9 the following:

10 ‘‘PART B—MOTOR CARRIERS, WATER CARRIERS,

11 BROKERS, AND FREIGHT FORWARDERS

12 ‘‘CHAPTER 131—GENERAL PROVISIONS

13 ‘‘§ 13101. Transportation policy

14 ‘‘(a) To ensure the development, coordination, and

15 preservation of a transportation system that meets the

16 transportation needs of the United States, including the

17 United States Postal Service and national defense, it is the

18 policy of the United States Government to provide for the

19 impartial regulation of the modes of transportation , and—

20 ‘‘(1) in regulating those modes—

21 ‘‘(A) to recognize and preserve the inherent

22 advantage of each mode of transportation;

23 ‘‘(B) to promote safe, adequate, economical,

24 and efficient transportation;
95

HR 2539 EAS

1 ‘‘(C) to encourage sound economic condi2 tions in transportation, including sound eco3 nomic conditions among carriers;

4 ‘‘(D) to encourage the establishment and

5 maintenance of reasonable rates for transpor6 tation, without unreasonable discrimination or

7 unfair or destructive competitive practices;

8 ‘‘(E) to cooperate with each State and the

9 officials of each State on transportation matters;

10 and

11 ‘‘(F) to encourage fair wages and working

12 conditions in the transportation industry;

13 ‘‘(2) in regulating transportation by motor car14 rier, to promote competitive and efficient transpor15 tation services in order to (A) encourage fair competi16 tion, and reasonable rates for transportation by motor

17 carriers of property; (B) promote Federal regulatory

18 efficiency in the motor carrier transportation system

19 and to require fair and expeditious regulatory deci20 sions when regulation is required; (C) meet the needs

21 of shippers, receivers, passengers, and consumers; (D)

22 allow a variety of quality and price options to meet

23 changing market demands and the diverse require24 ments of the shipping and traveling public; (E) allow

25 the most productive use of equipment and energy re-
96

HR 2539 EAS

1 sources; (F) enable efficient and well-managed car2 riers to earn adequate profits, attract capital, and

3 maintain fair wages and working conditions; (G)

4 provide and maintain service to small communities

5 and small shippers and intrastate bus services; (H)

6 provide and maintain commuter bus operations; (I)

7 improve and maintain a sound, safe, and competitive

8 privately owned motor carrier system; (J) promote

9 greater participation by minorities in the motor car10 rier system; and (K) promote intermodal transpor11 tation;

12 ‘‘(3) in regulating transportation by motor car13 rier of passengers (A) to cooperate with the States on

14 transportation matters for the purpose of encouraging

15 the States to exercise intrastate regulatory jurisdic16 tion in accordance with the objectives of this part; (B)

17 to provide Federal procedures which ensure that

18 intrastate regulation is exercised in accordance with

19 this part; and (C) to ensure that Federal reform ini20 tiatives enacted by section 31138 of this title and the

21 Bus Regulatory Reform Act of 1995 of 1982 are not

22 nullified by State regulatory actions; and

23 ‘‘(4) in regulating transportation by water car24 rier, to encourage and promote service and price com25 petition in the non-contiguous domestic trade.
97

HR 2539 EAS

1 ‘‘(b) This part shall be administered and enforced to

2 carry out the policy of this section.

3 ‘‘§ 13102. Definitions

4 ‘‘In this part—

5 ‘‘(1) ‘broker’ means a person, other than a motor

6 carrier or an employee or agent of a motor carrier,

7 that as a principal or agent sells, offers for sale, nego8 tiates for, or holds itself out by solicitation, advertise9 ment, or otherwise as selling, providing, or arranging

10 for, transportation by motor carrier for compensation.

11 ‘‘(2) ‘carrier’ means a motor carrier, a water

12 carrier, and a freight forwarder, and, for purposes of

13 sections 13902, 13905, and 13906, the term includes

14 foreign motor private carriers;

15 ‘‘(3) ‘contract carriage’ means—

16 ‘‘(A) for transportation provided before the

17 date of enactment of the Interstate Commerce

18 Commission Sunset Act of 1995, service provided

19 pursuant to a permit issued under former section

20 10923 of this subtitle; and

21 ‘‘(B) for transportation provided on or after

22 that date, service provided under an agreement

23 entered into under section 14101(b) of this part;

24 ‘‘(4) ‘‘control’’, when referring to a relationship

25 between persons, includes actual control, legal control,
98

HR 2539 EAS

1 and the power to exercise control, through or by (A)

2 common directors, officers, stockholders, a voting

3 trust, or a holding or investment company, or (B)

4 any other means;

5 ‘‘(5) ‘foreign motor carrier’ means a person (in6 cluding a motor carrier of property but excluding a

7 motor private carrier)—

8 ‘‘(A)(i) which is domiciled in a contiguous

9 foreign country; or

10 ‘‘(ii) which is owned or controlled by per11 sons of a contiguous foreign country and is not

12 domiciled in the United States; and

13 ‘‘(B) in the case of a person which is not a

14 motor carrier of property, which provides inter15 state transportation of property by motor vehicle

16 under an agreement or contract entered into

17 with a motor carrier of property (other than a

18 motor private carrier or a motor carrier of prop19 erty described in subparagraph (A));

20 ‘‘(6) ‘foreign motor private carrier’ means a per21 son (including a motor private carrier but excluding

22 a motor carrier of property)—

23 ‘‘(A)(i) which is domiciled in a contiguous

24 foreign country; or
99

HR 2539 EAS

1 ‘‘(ii) which is owned or controlled by per2 sons of a contiguous foreign country and is not

3 domiciled in the United States; and

4 ‘‘(B) in the case of a person which is not a

5 motor private carrier, which provides interstate

6 transportation of property by motor vehicle

7 under an agreement or contract entered into

8 with a person (other than a motor carrier of

9 property or a motor private carrier described in

10 subparagraph (A));

11 ‘‘(7) ‘freight forwarder’ means a person holding

12 itself out to the general public (other than as a pipe13 line, rail, motor, or water carrier) to provide trans14 portation of property for compensation and in the or15 dinary course of its business—

16 ‘‘(A) assembles and consolidates, or provides

17 for assembling and consolidating, shipments and

18 performs or provides for break-bulk and distribu19 tion operations of the shipments;

20 ‘‘(B) assumes responsibility for the trans21 portation from the place of receipt to the place

22 of destination; and

23 ‘‘(C) uses for any part of the transportation

24 a carrier subject to jurisdiction under part A or

25 part B of this subtitle; but the term does not in-
100

HR 2539 EAS

1 clude a person using transportation of an air

2 carrier subject to part A of subtitle VII of this

3 title;

4 ‘‘(8) ‘highway’ means a road, highway, street,

5 and way in a State;

6 ‘‘(9) ‘household goods’ means—

7 ‘‘(A) personal effects and property used or

8 to be used in a dwelling when a part of the

9 equipment or supply of such dwelling and simi10 lar property, whether the transportation is—

11 ‘‘(i) requested and paid for by the

12 householder, including transportation of

13 property from a factory or store when the

14 property is purchased by the householder

15 with intent to use in his dwelling; or

16 ‘‘(ii) arranged and paid for by another

17 party;

18 ‘‘(B) furniture, fixtures, equipment, and the

19 property of stores, offices, museums, institutions,

20 hospitals or other establishments when a part of

21 the stock, equipment, or supply of such stores, of22 fices, museums, institutions, hospitals, or other

23 establishments and similar property; except that

24 this subparagraph shall not be construed to in25 clude the stock-in-trade of any establishment,
101

HR 2539 EAS

1 whether consignor or consignee, other than used

2 furniture and used fixtures, except when trans3 ported as incidental to moving of the establish4 ment, or a portion thereof, from one location to

5 another; and

6 ‘‘(C) articles, including objects of art, dis7 plays, and exhibits, which because of their un8 usual nature or value require the specialized

9 handling and equipment usually employed in

10 moving household goods and similar articles; ex11 cept that this subparagraph shall not be con12 strued to include any article, whether crated or

13 uncrated, which does not, because of its unusual

14 nature or value, require the specialized handling

15 and equipment usually employed in moving

16 household goods;

17 ‘‘(10) ‘household goods freight forwarder’ means

18 a freight forwarder of one or more of the following

19 items: household goods, unaccompanied baggage, or

20 used automobiles;

21 ‘‘(11) ‘motor carrier’ means a person providing

22 motor vehicle transportation for compensation, in23 cluding foreign motor carriers;
102

HR 2539 EAS

1 ‘‘(12) ‘motor private carrier’ means a person,

2 other than a motor carrier, transporting property by

3 motor vehicle when—

4 ‘‘(A) the transportation is as provided in

5 section 13501 of this title;

6 ‘‘(B) the person is the owner, lessee, or bail7 ee of the property being transported; and

8 ‘‘(C) the property is being transported for

9 sale, lease, rent, or bailment, or to further a com10 mercial enterprise;

11 ‘‘(13) ‘motor vehicle’ means a vehicle, machine,

12 tractor, trailer, or semitrailer propelled or drawn by

13 mechanical power and used on a highway in trans14 portation, or a combination determined by the Sec15 retary, but does not include a vehicle, locomotive, or

16 car operated only on a rail, or a trolley bus operated

17 by electric power from a fixed overhead wire, and

18 providing local passenger transportation similar to

19 street-railway service;

20 ‘‘(14) ‘non-contiguous domestic trade’ means

21 motor-water transportation subject to jurisdiction

22 under chapter 135 of this title involving traffic origi23 nating in or destined to Alaska, Hawaii, or a terri24 tory or possession of the United States;
103

HR 2539 EAS

1 ‘‘(15) ‘person’, in addition to its meaning under

2 section 1 of title 1, includes a trustee, receiver, as3 signee, or personal representative of a person;

4 ‘‘(16) ‘State’ means a State of the United States

5 and the District of Columbia;

6 ‘‘(17) ‘transportation’ includes—

7 ‘‘(A) a motor vehicle, vessel, warehouse,

8 wharf, pier, dock, yard, property, facility, in9 strumentality, or equipment of any kind related

10 to the movement of passengers or property, or

11 both, regardless of ownership or an agreement

12 concerning use; and

13 ‘‘(B) services related to that movement, in14 cluding arranging for, receipt, delivery, ele15 vation, transfer in transit, refrigeration, icing,

16 ventilation, storage, packing, unpacking, and

17 interchange of passengers and property;

18 ‘‘(18) ‘United States’ means the States of the

19 United States and the District of Columbia;

20 ‘‘(19) ‘vessel’ means a watercraft or other artifi21 cial contrivance that is used, is capable of being used,

22 or is intended to be used, as a means of transpor23 tation by water; and

24 ‘‘(20) ‘water carrier’ means a person providing

25 water transportation for compensation.
104

HR 2539 EAS

1 ‘‘§ 13103. Remedies are cumulative

2 ‘‘Except as otherwise provided in this part, the rem3 edies provided under this part are in addition to remedies

4 existing under another law or at common law.

5 ‘‘CHAPTER 133—ADMINISTRATIVE PROVISIONS

6 ‘‘§ 13301. Powers

7 ‘‘(a) Except as otherwise specified, the Secretary of

8 Transportation shall carry out this part. Enumeration of

9 a power of the Secretary in this part does not exclude an10 other power the Secretary may have in carrying out this

11 part. The Secretary may prescribe regulations in carrying

12 out this part.

13 ‘‘(b) The Secretary may obtain from carriers provid14 ing, and brokers for, transportation and service subject to

15 this part, and from persons controlling, controlled by, or

16 under common control with those carriers or brokers to the

17 extent that the business of that person is related to the man18 agement of the business of that carrier or broker, informa19 tion the Secretary decides is necessary to carry out this

20 part.

21 ‘‘(c)(1) The Secretary may subpena witnesses and

22 records related to a proceeding under this part from any

23 place in the United States, to the designated place of the

24 proceeding. If a witness disobeys a subpena, the Secretary,

25 or a party to a proceeding under this part, may petition

26 a court of the United States to enforce that subpena.
105

HR 2539 EAS

1 ‘‘(2) The district courts of the United States have juris2 diction to enforce a subpena issued under this section. Trial

3 is in the district in which the proceeding is conducted. The

4 court may punish a refusal to obey a subpena as a contempt

5 of court.

6 ‘‘(d)(1) In a proceeding under this part, the Secretary

7 may take the testimony of a witness by deposition and may

8 order the witness to produce records. A party to a proceed9 ing pending under this part may take the testimony of a

10 witness by deposition and may require the witness to

11 produce records at any time after a proceeding is at issue

12 on petition and answer.

13 ‘‘(2) If a witness fails to be deposed or to produce

14 records under paragraph (1) of this subsection, the Sec15 retary may subpena the witness to take a deposition,

16 produce the records, or both.

17 ‘‘(3) A deposition may be taken before a judge of a

18 court of the United States, a United States magistrate

19 judge, a clerk of a district court, or a chancellor, justice,

20 or judge of a supreme or superior court, mayor or chief

21 magistrate of a city, judge of a county court, or court of

22 common pleas of any State, or a notary public who is not

23 counsel or attorney of a party or interested in the proceed24 ing.
106

HR 2539 EAS

1 ‘‘(4) Before taking a deposition, reasonable notice must

2 be given in writing by the party or the attorney of that

3 party proposing to take a deposition to the opposing party

4 or the attorney of record of that party, whoever is nearest.

5 The notice shall state the name of the witness and the time

6 and place of taking the deposition.

7 ‘‘(5) The testimony of a person deposed under this sub8 section shall be taken under oath. The person taking the

9 deposition shall prepare, or cause to be prepared, a tran10 script of the testimony taken. The transcript shall be sub11 scribed by the deponent.

12 ‘‘(6) The testimony of a witness who is in a foreign

13 country may be taken by deposition before an officer or per14 son designated by the Secretary or agreed on by the parties

15 by written stipulation filed with the Secretary. A deposition

16 shall be filed with the Secretary promptly.

17 ‘‘(e) Each witness summoned before the Secretary or

18 whose deposition is taken under this section and the indi19 vidual taking the deposition are entitled to the same fees

20 and mileage paid for those services in the courts of the

21 United States.

22 ‘‘(f) For those provisions of this part that are specified

23 to be carried out by the Intermodal Surface Transportation

24 Board, the Transportation Board shall have the same pow25 ers as the Secretary has under this section.
107

HR 2539 EAS

1 ‘‘§ 13302. Intervention

2 ‘‘Under regulations of the Secretary of Transportation,

3 reasonable notice of, and an opportunity to intervene and

4 participate in, a proceeding under this part related to

5 transportation subject to jurisdiction under subchapter I of

6 chapter 135 of this title shall be given to interested persons.

7 ‘‘§ 13303. Service of notice in proceedings under this

8 part

9 ‘‘(a) A motor carrier, a broker, or a freight forwarder

10 providing transportation or service subject to jurisdiction

11 under chapter 135 of this title shall designate in writing

12 an agent by name and post office address on whom service

13 of notices in a proceeding before, and of actions of, the Sec14 retary may be made.

15 ‘‘(b) A notice to a motor carrier, broker, or freight for16 warder is served personally or by mail on the motor carrier,

17 broker, or freight forwarder or on its designated agent. Serv18 ice by mail on the designated agent is made at the address

19 filed for the agent. When notice is given by mail, the date

20 of mailing is considered to be the time when the notice is

21 served. If a motor carrier, broker, or freight forwarder does

22 not have a designated agent, service may be made by post23 ing a copy of the notice at the headquarters of the Depart24 ment of Transportation.
108

HR 2539 EAS

1 ‘‘§ 13304. Service of process in court proceedings

2 ‘‘(a) A motor carrier or broker providing transpor3 tation subject to jurisdiction under chapter 135 of this title,

4 including a motor carrier or broker operating within the

5 United States while providing transportation between

6 places in a foreign country or between a place in one foreign

7 country and a place in another foreign country, shall des8 ignate an agent in each State in which it operates by name

9 and post office address on whom process issued by a court

10 with subject matter jurisdiction may be served in an action

11 brought against that carrier or broker. The designation

12 shall be in writing and filed with the Department of Trans13 portation and each State may require that an additional

14 designation be filed with it. If a designation under this sub15 section is not made, service may be made on any agent of

16 the carrier or broker within that State.

17 ‘‘(b) A designation under this section may be changed

18 at any time in the same manner as originally made.

19 ‘‘CHAPTER 135—JURISDICTION

20 ‘‘SUBCHAPTER I—MOTOR CARRIER TRANSPORTATION

21 ‘‘§ 13501. General jurisdiction

22 ‘‘The Secretary of Transportation and the Intermodal

23 Surface Transportation Board have jurisdiction, as speci24 fied in this part, over transportation by motor carrier and

25 the procurement of that transportation, to the extent that
109

HR 2539 EAS

1 passengers, property, or both, are transported by motor car2 rier—

3 ‘‘(1) between a place in—

4 ‘‘(A) a State and a place in another State;

5 ‘‘(B) a State and another place in the same

6 State through another State;

7 ‘‘(C) the United States and a place in a ter8 ritory or possession of the United States to the

9 extent the transportation is in the United States;

10 ‘‘(D) the United States and another place

11 in the United States through a foreign country

12 to the extent the transportation is in the United

13 States; or

14 ‘‘(E) the United States and a place in a

15 foreign country to the extent the transportation

16 is in the United States; and

17 ‘‘(2) in a reservation under the exclusive juris18 diction of the United States or on a public highway.

19 ‘‘§ 13502. Exempt transportation between Alaska and

20 other States

21 ‘‘To the extent that transportation by a motor carrier

22 between a place in Alaska and a place in another State

23 under section 13501 of this title is provided in a foreign

24 country—
110

HR 2539 EAS

1 ‘‘(1) neither the Secretary of Transportation nor

2 the Intermodal Surface Transportation Board has ju3 risdiction to impose a requirement over conduct of the

4 motor carrier in the foreign country conflicting with

5 a requirement of that country; but

6 ‘‘(2) the motor carrier, as a condition of provid7 ing transportation in the United States, shall comply,

8 with respect to all transportation provided between

9 Alaska and the other State, with the requirements of

10 this part related to rates and practices applicable to

11 the transportation.

12 ‘‘§ 13503. Exempt motor vehicle transportation in ter13 minal areas

14 ‘‘(a)(1) Neither the Secretary of Transportation nor

15 the Intermodal Surface Transportation Board has jurisdic16 tion under this subchapter over transportation by motor ve17 hicle provided in a terminal area when the transpor18 tation—

19 ‘‘(A) is a transfer, collection, or delivery;

20 ‘‘(B) is provided by—

21 ‘‘(i) a rail carrier subject to jurisdiction

22 under chapter 105 of this title;

23 ‘‘(ii) a water carrier subject to jurisdiction

24 under subchapter II of this chapter; or
111

HR 2539 EAS

1 ‘‘(iii) a freight forwarder subject to jurisdic2 tion under subchapter III of this chapter; and

3 ‘‘(C) is incidental to transportation or service

4 provided by the carrier or freight forwarder that is

5 subject to jurisdiction under chapter 105 of this title

6 or under subchapter II or III of this chapter.

7 ‘‘(2) Transportation exempt from jurisdiction under

8 paragraph (1) of this subsection is subject to jurisdiction

9 under chapter 105 of this title when provided by such a

10 rail carrier, under subchapter II of this chapter when pro11 vided by such a water carrier, and under subchapter III

12 of this chapter when provided by such a freight forwarder.

13 ‘‘(b)(1) Except to the extent provided by paragraph (2)

14 of this subsection, neither the Secretary nor the Transpor15 tation Board has jurisdiction under this subchapter over

16 transportation by motor vehicle provided in a terminal

17 area when the transportation—

18 ‘‘(A) is a transfer, collection, or delivery; and

19 ‘‘(B) is provided by a person as an agent or

20 under other arrangement for—

21 ‘‘(i) a rail carrier subject to jurisdiction

22 under chapter 105 of this title;

23 ‘‘(ii) a motor carrier subject to jurisdiction

24 under this subchapter;
112

HR 2539 EAS

1 ‘‘(iii) a water carrier subject to jurisdiction

2 under subchapter II of this chapter; or

3 ‘‘(iv) a freight forwarder subject to jurisdic4 tion under subchapter III of this chapter.

5 ‘‘(2) Transportation exempt from jurisdiction under

6 paragraph (1) of this subsection is considered transpor7 tation provided by the carrier or service provided by the

8 freight forwarder for whom the transportation was provided

9 and is subject to jurisdiction under chapter 105 of this title

10 when provided for such a rail carrier, under this subchapter

11 when provided for such a motor carrier, under subchapter

12 II of this chapter when provided for such a water carrier,

13 and under subchapter III of this chapter when provided for

14 such a freight forwarder.

15 ‘‘§ 13504. Exempt motor carrier transportation en16 tirely in one State

17 ‘‘Neither the Secretary of Transportation nor the

18 Intermodal Surface Transportation Board has jurisdiction

19 under this subchapter over transportation, except transpor20 tation of household goods, by a motor carrier operating sole21 ly within the State of Hawaii. The State of Hawaii may

22 regulate transportation exempt from jurisdiction under this

23 section and, to the extent provided by a motor carrier oper24 ating solely within the State of Hawaii, transportation ex25 empt under section 13503 of this title.
113

HR 2539 EAS

1 ‘‘SUBCHAPTER II—WATER CARRIER TRANSPORTATION

2 ‘‘§ 13521. General jurisdiction

3 ‘‘(a) GENERAL RULES.—The Transportation Board

4 has jurisdiction over transportation insofar as water car5 riers are concerned—

6 ‘‘(1) by water carrier between a place in a State

7 and a place in another State, even if part of the

8 transportation is outside the United States;

9 ‘‘(2) by water carrier and motor carrier from a

10 place in a State to a place in another State, except

11 that if part of the transportation is outside the

12 United States, the Secretary only has jurisdiction

13 over that part of the transportation provided—

14 ‘‘(A) by motor carrier that is in the United

15 States; and

16 ‘‘(B) by water carrier that is from a place

17 in the United States to another place in the

18 United States; and

19 ‘‘(3) by water carrier or by water carrier and

20 motor carrier between a place in the United States

21 and a place outside the United States, to the extent

22 that—

23 ‘‘(A) when the transportation is by motor

24 carrier, the transportation is provided in the

25 United States;
114

HR 2539 EAS

1 ‘‘(B) when the transportation is by water

2 carrier to a place outside the United States, the

3 transportation is provided by water carrier from

4 a place in the United States to another place in

5 the United States before transshipment from a

6 place in the United States to a place outside the

7 United States; and

8 ‘‘(C) when the transportation is by water

9 carrier from a place outside the United States,

10 the transportation is provided by water carrier

11 from a place in the United States to another

12 place in the United States after transshipment to

13 a place in the United States from a place outside

14 the United States.

15 ‘‘(b) DEFINITIONS.—In this section, the terms ‘State’

16 and ‘United States’ include the territories, commonwealths,

17 and possessions of the United States.

18 ‘‘SUBCHAPTER III—FREIGHT FORWARDER SERVICE

19 ‘‘§ 13531. General jurisdiction

20 ‘‘(a) The Secretary of Transportation and the Inter21 modal Surface Transportation Board have jurisdiction, as

22 specified in this part, over service that a freight forwarder

23 undertakes to provide, or is authorized or required under

24 this part to provide, to the extent transportation is provided

25 in the United States and is between—
115

HR 2539 EAS

1 ‘‘(1) a place in a State and a place in another

2 State, even if part of the transportation is outside the

3 United States;

4 ‘‘(2) a place in a State and another place in the

5 same State through a place outside the State; or

6 ‘‘(3) a place in the United States and a place

7 outside the United States.

8 ‘‘(b) Neither the Secretary nor the Transportation

9 Board has jurisdiction under subsection (a) of this section

10 over service undertaken by a freight forwarder using trans11 portation of an air carrier subject to part A of subtitle VII

12 of this title.

13 ‘‘SUBCHAPTER IV—AUTHORITY TO EXEMPT

14 ‘‘§ 13541. Authority to exempt transportation or serv15 ices

16 ‘‘(a) In any matter subject to jurisdiction under this

17 chapter, the Secretary of Transportation or the Intermodal

18 Surface Transportation Board, as applicable, shall exempt

19 a person, class of persons, or a transaction or service from

20 the application of a provision of this title, or use this ex21 emption authority to modify a provision of this title, when

22 the Secretary or Transportation Board finds that the appli23 cation of that provision in whole or in part—

24 ‘‘(1) is not necessary to carry out the transpor25 tation policy of section 13101 of this title; and
116

HR 2539 EAS

1 ‘‘(2) either (A) the transaction or service is of

2 limited scope, or (B) the application of a provision

3 of this title is not needed to protect shippers from the

4 abuse of market power.

5 In a proceeding that affects the transportation of household

6 goods described in section 13102(9)(A), the Secretary or the

7 Transportation Board shall also consider whether the ex8 emption will be consistent with the transportation policy

9 set forth in section 13101 of this title and will not be det10 rimental to the interests of individual shippers.

11 ‘‘(b) The Secretary or Transportation Board, as appli12 cable, may, where appropriate, begin a proceeding under

13 this section on the Secretary’s or Transportation Board’s

14 own initiative or on application by an interested party.

15 ‘‘(c) The Secretary or Transportation Board, as appli16 cable, may specify the period of time during which an ex17 emption granted under this section is effective.

18 ‘‘(d) The Secretary or Transportation Board, as appli19 cable, may revoke an exemption, to the extent specified, on

20 finding that application of a provision of this title to the

21 person, class, or transportation is necessary to carry out

22 the transportation policy of section 13101 of this title.

23 ‘‘(e) This exemption authority may not be used to re24 lieve a person (except a person that would have been covered

25 by a statutory exemption under subchapter II or IV of chap-
117

HR 2539 EAS

1 ter 105 of this title that was repealed by the Interstate Com2 merce Commission Sunset Act of 1995) from the application

3 of, and compliance with, any law, rule, regulation, stand4 ard, or order pertaining to cargo loss and damage; insur5 ance; or safety fitness.

6 ‘‘(f) The Secretary or Transportation Board, as appli7 cable, is prohibited from regulating or exercising jurisdic8 tion over the transportation by water carrier in the non9 contiguous domestic trade of any cargo or type of cargo or

10 service which was not subject to regulation by, or under

11 the jurisdiction of, either the Federal Maritime Commission

12 or Interstate Commerce Commission under Federal law in

13 effect on November 1, 1995.

14 ‘‘(g) The Secretary or Transportation Board, as appli15 cable, may not exempt a water carrier from the application

16 of, or compliance with, sections 13801 and 13702 for trans17 portation in the non-contiguous domestic trade.

18 ‘‘CHAPTER 137—RATES AND THROUGH ROUTES

19 ‘‘§ 13701. Requirements for reasonable rates, classi20 fications, through routes, rules, and prac21 tices for certain transportation

22 ‘‘(a)(1) A rate, classification, rule, or practice related

23 to transportation or service provided by a carrier subject

24 to jurisdiction under subchapters I or III of chapter 135

25 of this title for transportation or service involving—
118

HR 2539 EAS

1 ‘‘(i) a movement of household goods described in

2 section 13102(9)(A) of this title, or

3 ‘‘(ii) a joint rate for a through movement with

4 a water carrier, or a rate for a movement by a water

5 carrier, in non-contiguous domestic trade,

6 must be reasonable.

7 ‘‘(2) Through routes and divisions of joint rates for

8 such transportation or service as described in paragraph

9 (1) (i) or (ii) must be reasonable.

10 ‘‘(b) When the Intermodal Surface Transportation

11 Board finds it necessary to stop or prevent a violation of

12 subsection (a), the Transportation Board shall prescribe the

13 rate, classification, rule, practice, through route, or division

14 of joint rates to be applied for such transportation or serv15 ice.

16 ‘‘(c) A complaint that a rate, classification, rule or

17 practice in the non-contiguous domestic trade violates sub18 section (a) of this section may be filed with the Transpor19 tation Board.

20 ‘‘(d)(1) For purposes of this section, a rate or division

21 of a carrier for service in non-contiguous domestic trade

22 is reasonable if the aggregate of increases and decreases in

23 any such rate or division is not more than 7.5 percent

24 above, or more than 10 percent below, the rate or division
119

HR 2539 EAS

1 in effect 1 year before the effective date of the proposed rate

2 or division.

3 ‘‘(2) The percentage specified in paragraph (1) shall

4 be increased or decreased, as the case may be, by the per5 centage change in the Producers Price Index, as published

6 by the Department of Labor, that has occurred during the

7 most recent 1-year period before the date the rate or division

8 in question first took effect.

9 ‘‘(3) The Transportation Board shall determine wheth10 er any rate or division of a carrier or service in the non11 contiguous domestic trade which is not within the range

12 described in paragraph (1) is reasonable if a complaint is

13 filed under subsection (c) of this section or section

14 13702(f)(5).

15 ‘‘(4) The Transportation Board, upon a finding of vio16 lation of subsection (a) or this section, shall award repara17 tions to the complaining shipper or shippers in an amount

18 equal to all sums assessed and collected that exceed the de19 termined reasonable rate, division, rate structure or tariff.

20 The Transportation Board, upon complaint from any gov21 ernmental agency or authority, shall, upon a finding or vio22 lation of subsection (a) of this section, make such orders

23 as are just and shall require the carrier to return, to the

24 extent practicable, to shippers all sums, plus interest, which
120

HR 2539 EAS

1 the Board finds to have been assessed and collected in viola2 tion of such subsections.

3 ‘‘(e) Any proceeding with respect to any tariff, rate

4 charge, classification, rule, regulation or service that was

5 pending before the Federal Maritime Commission shall con6 tinue to be heard until completion or issuance of a final

7 order thereon under all applicable laws in effect as of that

8 date.

9 ‘‘§ 13702. Tariff requirement for certain transpor10 tation

11 ‘‘(a) A carrier subject to jurisdiction under subchapters

12 I or III of chapter 135 of this title may provide transpor13 tation or service that is—

14 ‘‘(1) under a joint rate for a through movement

15 in non-contiguous domestic trade, or

16 ‘‘(2) for movement of household goods described

17 in section 13102(9)(A) of this title,

18 only if the rate for such transportation or service is con19 tained in a tariff that is in effect under this section. A rate

20 contained in a tariff shall be stated in money of the United

21 States. The carrier may not charge or receive a different

22 compensation for that transportation or service than the

23 rate specified in the tariff whether by returning a part of

24 that rate to a person, giving a person a privilege, allowing
121

HR 2539 EAS

1 the use of a facility that affects the value of that transpor2 tation or service, or another device.

3 ‘‘(b)(1) A carrier providing transportation or service

4 described in paragraph (1) of subsection (a) shall publish

5 and file with the Intermodal Surface Transportation Board

6 tariffs containing the rates established for such transpor7 tation or service. The Transportation Board may prescribe

8 other information that carriers shall include in such tariffs.

9 ‘‘(2) Carriers that publish tariffs under this subsection

10 shall keep them open for public inspection.

11 ‘‘(c) The Transportation Board shall prescribe the

12 form and manner of publishing, filing, and keeping tariffs

13 open for public inspection under subsection (b). The Trans14 portation Board may prescribe specific charges to be identi15 fied in a tariff published by a carrier, but those tariffs must

16 identify plainly—

17 ‘‘(1) the carriers that are parties to it;

18 ‘‘(2) the places between which property will be

19 transported;

20 ‘‘(3) terminal charges if a carrier providing

21 transportation or service subject to jurisdiction under

22 subchapter III of chapter 135 of this title;

23 ‘‘(4) privileges given and facilities allowed; and

24 ‘‘(5) any rules that change, affect, or determine

25 any part of the published rate.
122

HR 2539 EAS

1 ‘‘(d) The Transportation Board may permit carriers

2 to change rates, classifications, rules, and practices without

3 filing complete tariffs that cover matter that is not being

4 changed when the Transportation Board finds that action

5 to be consistent with the public interest. Those carriers may

6 either—

7 ‘‘(1) publish new tariffs that incorporate

8 changes, or

9 ‘‘(2) plainly indicate the proposed changes in the

10 tariffs then in effect and kept open for public inspec11 tion.

12 ‘‘(e) The Transportation Board may reject a tariff sub13 mitted to it by a carrier under subsection (b) if that tariff

14 violates this section or regulation of the Transportation

15 Board carrying out this section.

16 ‘‘(f)(1) A carrier providing transportation described in

17 subsection (a)(2) shall maintain rates and related rules and

18 practices in a published tariff. The tariff must be available

19 for inspection by the Transportation Board and by ship20 pers, upon reasonable request, at the offices of the carrier

21 and of each tariff publishing agent of the carrier.

22 ‘‘(2) A carrier that maintains a tariff and makes it

23 available for inspection as provided in paragraph (1) may

24 not enforce the provisions of the tariff unless the carrier

25 has given notice that the tariff is available for inspection
123

HR 2539 EAS

1 in its bill of lading or by other actual notice to individuals

2 whose shipments are subject to the tariff.

3 ‘‘(3) A carrier that maintains a tariff under this sub4 section is bound by the tariff except as otherwise provided

5 in this subtitle. A carrier that does not maintain a tariff

6 as provided in this subsection may not enforce the tariff

7 against any individual shipper except as otherwise pro8 vided in this subtitle, and shall not transport household

9 goods described in section 13102(9)(A).

10 ‘‘(4) A carrier may incorporate by reference the rates,

11 terms, and other conditions in a tariff in agreements cover12 ing the transportation of household goods (except those

13 household goods described in section 13102(9)(A)(i)), if the

14 tariff is maintained as provided in this subsection and the

15 agreement gives notice of the incorporation and of the avail16 ability of the tariff for inspection by the commercial ship17 per.

18 ‘‘(5) A complaint that a rate or related rule or practice

19 maintained in a tariff under this subsection violates section

20 13701(a) may be filed with the Transportation Board.

21 ‘‘§ 13703. Certain collective activities; exemption from

22 antitrust laws

23 ‘‘(a) AGREEMENTS.—

24 ‘‘(1) AUTHORITY TO ENTER.—A motor carrier

25 providing transportation or service subject to jurisdic-
124

HR 2539 EAS

1 tion under chapter 135 may enter into an agreement

2 with one or more such carriers to establish—

3 ‘‘(A) through routes and joint rates;

4 ‘‘(B) rates for the transportation of house5 hold goods described in section 13102(9)(A);

6 ‘‘(C) classifications;

7 ‘‘(D) mileage guides;

8 ‘‘(E) rules;

9 ‘‘(F) divisions;

10 ‘‘(G) rate adjustments of general applica11 tion based on industry average carrier costs (so

12 long as there is no discussion of individual mar13 kets or particular single-line rates); or

14 ‘‘(H) procedures for joint consideration, ini15 tiation, or establishment of matters described in

16 subparagraphs (A) through (G).

17 ‘‘(2) SUBMISSION OF AGREEMENT TO TRANSPOR18 TATION BOARD; APPROVAL.—An agreement entered

19 into under subsection (a) may be submitted by any

20 carrier or carriers that are parties to such agreement

21 to the Transportation Board for approval and may be

22 approved by the Transportation Board only if it

23 finds that such agreement is in the public interest.

24 ‘‘(3) CONDITIONS.—The Transportation Board

25 may require compliance with reasonable conditions
125

HR 2539 EAS

1 consistent with this part to assure that the agreement

2 furthers the transportation policy set forth in section

3 13101.

4 ‘‘(4) INVESTIGATIONS.—The Transportation

5 Board may suspend and investigate the reasonable6 ness of any classification or rate adjustment of gen7 eral application made pursuant to an agreement

8 under this section.

9 ‘‘(5) EFFECT OF APPROVAL.—If the Transpor10 tation Board approves the agreement or renews ap11 proval of the agreement, it may be made and carried

12 out under its terms and under the conditions required

13 by the Transportation Board, and the antitrust laws,

14 as defined in the first section of the Clayton Act (15

15 U.S.C. 12), do not apply to parties and other persons

16 with respect to making or carrying out the agreement.

17 ‘‘(b) RECORDS.—The Transportation Board may re18 quire an organization established or continued under an

19 agreement approved under this section to maintain records

20 and submit reports. The Transportation Board, or its dele21 gate, may inspect a record maintained under this section,

22 or monitor any organization’s compliance with this section.

23 ‘‘(c) REVIEW.—The Transportation Board may review

24 an agreement approved under this section, on its own ini25 tiative or on request, and shall change the conditions of ap-
126

HR 2539 EAS

1 proval or terminate it when necessary to protect the public

2 interest. Action of the Transportation Board under this sec3 tion—

4 ‘‘(1) approving an agreement,

5 ‘‘(2) denying, ending, or changing approval,

6 ‘‘(3) prescribing the conditions on which ap7 proval is granted, or

8 ‘‘(4) changing those conditions,

9 has effect only as related to application of the antitrust laws

10 referred to in subsection (a).

11 ‘‘(d) EXPIRATION OF APPROVALS; RENEWALS.—Sub12 ject to subsection (c), approval of an agreement under sub13 section (a) shall expire 3 years after the date of approval

14 unless renewed under this subsection. The approval may be

15 renewed upon request of the parties to the agreement if such

16 parties resubmit the agreement to the Transportation

17 Board, the agreement is unchanged, and the Transportation

18 Board approves such renewal. The Transportation Board

19 shall approve the renewal unless it finds that the renewal

20 is not in the public interest.

21 ‘‘(e) EXISTING AGREEMENTS.—Agreements approved

22 under former section 10706(b) and in effect on the day be23 fore the effective date of this section shall be treated for pur24 poses of this section as approved by the Transportation

25 Board under this section beginning on such effective date.
127

HR 2539 EAS

1 ‘‘(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—

2 ‘‘(1) UNDERCHARGE CLAIMS.—Nothing in this

3 section shall serve as a basis for any undercharge

4 claim.

5 ‘‘(2) OBLIGATION OF SHIPPER.—Nothing in this

6 title, the Interstate Commerce Commission Sunset Act

7 of 1995, or any amendments or repeals made by such

8 Act shall be construed as creating any obligation for

9 a shipper based solely on a classification that was on

10 file with the Interstate Commerce Commission or else11 where on the day before the effective date of this sec12 tion.

13 ‘‘(g) MILEAGE RATE LIMITATION.—No carrier subject

14 to jurisdiction under subchapter I or III of chapter 135 of

15 this title may enforce collection of its mileage rates or classi16 fications unless such carrier or forwarder maintains its

17 own independent publication of mileage or classification

18 which can be examined by any interested person upon rea19 sonable request or is a participant in a publication of mile20 ages or classifications formulated under an agreement ap21 proved under this section.

22 ‘‘(h) SINGLE LINE RATE DEFINED.—In this section,

23 the term ‘single line rate’ means a rate, charge, or allowance

24 proposed by a single motor carrier that is applicable only
128

HR 2539 EAS

1 over its line and for which the transportation can be pro2 vided by that carrier.

3 ‘‘§ 13704. Household goods rates—estimates; guaran4 tees of service

5 ‘‘(a)(1) Subject to the provisions of paragraph (2) of

6 this subsection, a motor carrier providing transportation

7 of household goods subject to jurisdiction under subchapter

8 I of chapter 135 of this title may establish a rate for the

9 transportation of household goods which is based on the car10 rier’s written, binding estimate of charges for providing

11 such transportation.

12 ‘‘(2) Any rate established under this subsection must

13 be available on a nonpreferential basis to shippers and must

14 not result in charges to shippers which are predatory.

15 ‘‘(b)(1) Subject to the provisions of paragraph (2) of

16 this subsection, a motor carrier providing transportation

17 of household goods subject to jurisdiction under subchapter

18 I of chapter 135 of this title may establish rates for the

19 transportation of household goods which guarantee that the

20 carrier will pick up and deliver such household goods at

21 the times specified in the contract for such services and pro22 vide a penalty or per diem payment in the event the carrier

23 fails to pick up or deliver such household goods at the speci24 fied time. The charges, if any, for such guarantee and pen-
129

HR 2539 EAS

1 alty provision may vary to reflect one or more options

2 available to meet a particular shipper’s needs.

3 ‘‘(2) Before a carrier may establish a rate for any serv4 ice under paragraph (1) of this subsection, the Secretary

5 of Transportation may require such carrier to have in effect

6 and keep in effect, during any period such rate is in effect

7 under such paragraph, a rate for such service which does

8 not guarantee the pick up and delivery of household goods

9 at the times specified in the contract for such services and

10 which does not provide a penalty or per diem payment in

11 the event the carrier fails to pick up or deliver household

12 goods at the specified time.

13 ‘‘§ 13705. Requirements for through routes among

14 motor carriers of passengers

15 ‘‘(a) A motor carrier of passengers shall establish

16 through routes with other carriers of the same type and

17 shall establish individual and joint rates applicable to

18 them.

19 ‘‘(b) A through route between motor carriers providing

20 transportation of passengers subject to jurisdiction under

21 subchapter I of chapter 135 must be reasonable.

22 ‘‘(c) When the Intermodal Surface Transportation

23 Board finds it necessary to enforce the requirements of this

24 section, the Transportation Board may prescribe through

25 routes and the conditions under which those routes must
130

HR 2539 EAS

1 be operated for motor carriers providing transportation of

2 passengers subject to jurisdiction under subchapter I of

3 chapter 135.

4 ‘‘§ 13706. Liability for payment of rates

5 ‘‘(a) Liability for payment of rates for transportation

6 for a shipment of property by a shipper or consignor to

7 a consignee other than the shipper or consignor, is deter8 mined under this section when the transportation is pro9 vided by motor carrier under this part. When the shipper

10 or consignor instructs the carrier transporting the property

11 to deliver it to a consignee that is an agent only, not having

12 beneficial title to the property, the consignee is liable for

13 rates billed at the time of delivery for which the consignee

14 is otherwise liable, but not for additional rates that may

15 be found to be due after delivery if the consignee gives writ16 ten notice to the delivering carrier before delivery of the

17 property—

18 ‘‘(1) of the agency and absence of beneficial title;

19 and

20 ‘‘(2) of the name and address of the beneficial

21 owner of the property if it is reconsigned or diverted

22 to a place other than the place specified in the origi23 nal bill of lading.

24 ‘‘(b) When the consignee is liable only for rates billed

25 at the time of delivery under subsection (a) of this section,
131

HR 2539 EAS

1 the shipper or consignor, or, if the property is reconsigned

2 or diverted, the beneficial owner is liable for those addi3 tional rates regardless of the bill of lading or contract under

4 which the property was transported. The beneficial owner

5 is liable for all rates when the property is reconsigned or

6 diverted by an agent but is refused or abandoned at its ulti7 mate destination if the agent gave the carrier in the

8 reconsignment or diversion order a notice of agency and

9 the name and address of the beneficial owner. A consignee

10 giving the carrier erroneous information about the identity

11 of the beneficial owner of the property is liable for the addi12 tional rates.

13 ‘‘§ 13707. Billing and collecting practices

14 ‘‘(a) A motor carrier subject to jurisdiction under sub15 chapter I of chapter 135 shall disclose, when a document

16 is presented or electronically transmitted for payment to

17 the person responsible directly to the motor carrier for pay18 ment or agent of such responsible person, the actual rates,

19 charges, or allowances for any transportation service. No

20 person may cause a motor carrier to present false or mis21 leading information on a document about the actual rate,

22 charge, or allowance to any party to the transaction. When

23 the actual rate, charge, or allowance is dependent upon the

24 performance of a service by a party to the transportation

25 arrangement, such as tendering a volume of freight over a
132

HR 2539 EAS

1 stated period of time, the motor carrier shall indicate in

2 any document presented for payment to the person respon3 sible directly to the motor carrier that a reduction, allow4 ance, or other adjustment may apply.

5 ‘‘(b) The Transportation Board shall promulgate regu6 lations that prohibit a motor carrier subject to jurisdiction

7 under subchapter II of chapter 105 of this title from provid8 ing a reduction in a rate for the provision of transportation

9 of property to any person other than—

10 ‘‘(1) the person paying the motor carrier directly

11 for the transportation service according to the bill of

12 lading, receipt, or contract; or

13 ‘‘(2) an agent of the person paying for the trans14 portation.

15 ‘‘§ 13708. Procedures for resolving claims involving

16 unfiled, negotiated transportation rates

17 ‘‘(a) IN GENERAL.—When a claim is made by a motor

18 carrier of property (other than a household goods carrier)

19 providing transportation subject to jurisdiction under sub20 chapter II of chapter 105 of this title (as in effect on the

21 day before the effective date of this section) or subchapter

22 I of chapter 135 of this title, by a freight forwarder (other

23 than a household goods freight forwarder), or by a party

24 representing such a carrier or freight forwarder regarding

25 the collection of rates or charges for such transportation in
133

HR 2539 EAS

1 addition to those originally billed and collected by the car2 rier or freight forwarder for such transportation, the person

3 against whom the claim is made may elect to satisfy the

4 claim under the provisions of subsection (b), (c), or (d),

5 upon showing that—

6 ‘‘(1) the carrier or freight forwarder is no longer

7 transporting property or is transporting property for

8 the purpose of avoiding the application of this sec9 tion; and

10 ‘‘(2) with respect to the claim—

11 ‘‘(A) the person was offered a transpor12 tation rate by the carrier or freight forwarder

13 other than that legally on file at the time with

14 the Transportation Board or with the former

15 Interstate Commerce Commission, as required,

16 for the transportation service;

17 ‘‘(B) the person tendered freight to the car18 rier or freight forwarder in reasonable reliance

19 upon the offered transportation rate;

20 ‘‘(C) the carrier or freight forwarder did not

21 properly or timely file with the Transportation

22 Board or with the former Interstate Commerce

23 Commission, as required, a tariff providing for

24 such transportation rate or failed to enter into

25 an agreement for contract carriage;
134

HR 2539 EAS

1 ‘‘(D) such transportation rate was billed

2 and collected by the carrier or freight forwarder;

3 and

4 ‘‘(E) the carrier or freight forwarder de5 mands additional payment of a higher rate filed

6 in a tariff.

7 If there is a dispute as to the showing under para8 graph (1), such dispute shall be resolved by the court

9 in which the claim is brought. If there is a dispute

10 as to the showing under paragraph (2), such dispute

11 shall be resolved by the Intermodal Surface Transpor12 tation Board. Pending the resolution of any such dis13 pute, the person shall not have to pay any additional

14 compensation to the carrier or freight forwarder. Sat15 isfaction of the claim under subsection (b), (c), or (d)

16 shall be binding on the parties, and the parties shall

17 not be subject to chapter 149 of this title or chapter

18 119 of this title, as such chapter was in effect on the

19 date before the date of enactment of the Interstate

20 Commerce Commission Sunset Act of 1995.

21 ‘‘(b) CLAIMS INVOLVING SHIPMENTS WEIGHING 10,000

22 POUNDS OR LESS.—A person from whom the additional le23 gally applicable and effective tariff rate or charges are

24 sought may elect to satisfy the claim if the shipments each

25 weighed 10,000 pounds or less, by payment of 20 percent
135

HR 2539 EAS

1 of the difference between the carrier’s applicable and effec2 tive tariff rate and the rate originally billed and paid. In

3 the event that a dispute arises as to the rate that was legally

4 applicable to the shipment, such dispute shall be resolved

5 by the Transportation Board .

6 ‘‘(c) CLAIMS INVOLVING SHIPMENTS WEIGHING MORE

7 THAN 10,000 POUNDS.—A person from whom the addi8 tional legally applicable and effective tariff rate or charges

9 are sought may elect to satisfy the claim if the shipments

10 each weighed more than 10,000 pounds, by payment of 15

11 percent of the difference between the carrier’s applicable and

12 effective tariff rate and the rate originally billed and paid.

13 In the event that a dispute arises as to the rate that was

14 legally applicable to the shipment, such dispute shall be re15 solved by the Transportation Board.

16 ‘‘(d) CLAIMS INVOLVING PUBLIC WAREHOUSEMEN.—

17 Notwithstanding subsections (b) and (c), a person from

18 whom the additional legally applicable and effective tariff

19 rate or charges are sought may elect to satisfy the claim

20 by payment of 5 percent of the difference between the car21 rier’s applicable and effective tariff rate and the rate origi22 nally billed and paid if such person is a public warehouse23 man. In the event that a dispute arises as to the rate that

24 was legally applicable to the shipment, such dispute shall

25 be resolved by the Transportation Board.
136

HR 2539 EAS

1 ‘‘(e) EFFECTS OF ELECTION.—When a person from

2 whom additional legally applicable freight rates or charges

3 are sought does not elect to use the provisions of subsection

4 (b), (c) or (d), the person may pursue all rights and rem5 edies existing under this part or, for transportation pro6 vided before the effective date of this section, all rights and

7 remedies that existed under this title on the day before the

8 date of enactment of the Interstate Commerce Commission

9 Sunset Act of 1995.

10 ‘‘(f) STAY OF ADDITIONAL COMPENSATION.—When a

11 person proceeds under this section to challenge the reason12 ableness of the legally applicable freight rate or charges

13 being claimed by a carrier or freight forwarder described

14 in subsection (a) in addition to those already billed and

15 collected, the person shall not have to pay any additional

16 compensation to the carrier or freight forwarder until the

17 Transportation Board has made a determination as to the

18 reasonableness of the challenged rate as applied to the

19 freight of the person against whom the claim is made.

20 ‘‘(g) NOTIFICATION OF ELECTION.—

21 ‘‘(1) GENERAL RULE.—A person must notify the

22 carrier or freight forwarder as to its election to pro23 ceed under subsection (b), (c), or (d). Except as pro24 vided in paragraphs (2), (3), and (4), such election

25 may be made at any time.
137

HR 2539 EAS

1 ‘‘(2) DEMANDS FOR PAYMENT INITIALLY MADE

2 AFTER DECEMBER 3, 1993.—If the carrier or freight

3 forwarder or party representing such carrier or

4 freight forwarder initially demands the payment of

5 additional freight charges after December 3, 1993,

6 and notifies the person from whom additional freight

7 charges are sought of the provisions of subsections (a)

8 through (f) at the time of the making of such initial

9 demand, the election must be made not later than the

10 later of—

11 ‘‘(A) the 60th day following the filing of an

12 answer to a suit for the collection of such addi13 tional legally applicable freight rate or charges,

14 or

15 ‘‘(B) March 5, 1994.

16 ‘‘(3) PENDING SUITS FOR COLLECTION MADE BE17 FORE DECEMBER 4, 1993.—If the carrier or freight

18 forwarder or party representing such carrier or

19 freight forwarder has filed, before December 4, 1993,

20 a suit for the collection of additional freight charges

21 and notifies the person from whom additional freight

22 charges are sought of the provisions of subsections (a)

23 through (f), the election must be made not later than

24 the 90th day following the date on which such notifi25 cation is received.
138

HR 2539 EAS

1 ‘‘(4) DEMANDS FOR PAYMENT MADE BEFORE DE2 CEMBER 4, 1993.—If the carrier or freight forwarder

3 or party representing such carrier or freight for4 warder has demanded the payment of additional

5 freight charges, and has not filed a suit for the collec6 tion of such additional freight charges, before Decem7 ber 4, 1993, and notifies the person from whom addi8 tional freight charges are sought of the provisions of

9 subsections (a) through (f), the election must be made

10 not later than the later of—

11 ‘‘(A) the 60th day following the filing of an

12 answer to a suit for the collection of such addi13 tional legally applicable freight rate or charges,

14 or

15 ‘‘(B) March 5, 1994.

16 ‘‘(h) CLAIMS INVOLVING SMALL-BUSINESS CONCERNS,

17 CHARITABLE ORGANIZATIONS, AND RECYCLABLE MATE18 RIALS.—Notwithstanding subsections (b), (c), and (d), a

19 person from whom the additional legally applicable and ef20 fective tariff rate or charges are sought shall not be liable

21 for the difference between the carrier’s applicable and effec22 tive tariff rate and the rate originally billed and paid—

23 ‘‘(1) if such person qualifies as a small-business

24 concern under the Small Business Act (15 U.S.C. 631

25 et seq.),
139

HR 2539 EAS

1 ‘‘(2) if such person is an organization which is

2 described in section 501(c)(3) of the Internal Revenue

3 Code of 1986 and exempt from tax under section

4 501(a) of such Code, or

5 ‘‘(3) if the cargo involved in the claim is recycla6 ble materials. In this provision, ‘recyclable materials’

7 means waste products for recycling or reuse in the

8 furtherance of recognized pollution control programs.

9 ‘‘§ 13709. Additional motor carrier undercharge provi10 sions

11 ‘‘(a)(1) A motor carrier of property (other than a

12 motor carrier providing transportation in noncontiguous

13 domestic trade) shall provide to the shipper, on request of

14 the shipper, a written or electronic copy of the rate, classi15 fication, rules, and practices, upon which any rate agreed

16 to between the shipper and carrier may have been based.

17 ‘‘(2) In those cases where a motor carrier (other than

18 a motor carrier providing transportation of household goods

19 or in noncontiguous domestic trade) seeks to collect charges

20 in addition to those billed and collected which are contested

21 by the payor, the carrier may request that the Transpor22 tation Board determine whether any additional charges

23 over those billed and collected must be paid. A carrier must

24 issue any bill for charges in addition to those originally
140

HR 2539 EAS

1 billed within 180 days of the receipt of the original bill in

2 order to have the right to collect such charges.

3 ‘‘(3) If a shipper seeks to contest the charges originally

4 billed, the shipper may request that the Transportation

5 Board determine whether the charges originally billed must

6 be paid. A shipper must contest the original bill within 180

7 days in order to have the right to contest such charges.

8 ‘‘(4) Any tariff on file with the Interstate Commerce

9 Commission on August 26, 1994, not required to be filed

10 after that date is null and void beginning on that date.

11 Any tariff on file with the Interstate Commerce Commission

12 on the effective date of the Interstate Commerce Commission

13 Sunset Act of 1995 not required to be filed after that date

14 is null and void beginning on that date.

15 ‘‘(b) If a motor carrier (other than a motor carrier

16 providing transportation of household goods) subject to ju17 risdiction under subchapter I of chapter 135 of this title

18 had authority to provide transportation as both a motor

19 common carrier and a motor contract carrier and a dispute

20 arises as to whether certain transportation that was pro21 vided prior to the effective date of the Interstate Commerce

22 Commission Sunset Act of 1995 was provided in its com23 mon carrier or contract carrier capacity and the parties

24 are not able to resolve the dispute consensually, the Trans25 portation Board shall resolve the dispute.
141

HR 2539 EAS

1 ‘‘§ 13710. Alternative Procedure for Resolving Under2 charge Disputes

3 ‘‘(a) GENERAL RULE.—It shall be an unreasonable

4 practice for a motor carrier of property (other than a house5 hold goods carrier) providing transportation that is subject

6 to jurisdiction of subchapter I of chapter 135 of this title

7 or was subject to jurisdiction under subchapter II of chapter

8 105 of this title, a freight forwarder (other than a household

9 goods freight forwarder), or a party representing such a

10 carrier or freight forwarder to attempt to charge or to

11 charge for a transportation service the difference between—

12 ‘‘(1) the applicable rate that was lawfully in ef13 fect pursuant to a tariff that was filed in accordance

14 with this chapter, or with respect to transportation

15 provided before the effective date of this section in ac16 cordance with chapter 107 of this title as in effect on

17 the date the transportation service was provided by

18 the carrier or freight forwarder applicable to such

19 transportation service; and

20 ‘‘(2) the negotiated rate for such transportation

21 service if the carrier or freight forwarder is no longer

22 transporting property between places described in sec23 tion 13501(1) of this title or is transporting property

24 between places described in section 13501(1) of this

25 title for the purpose of avoiding the application of

26 this section.
142

HR 2539 EAS

1 ‘‘(b) JURISDICTION OF TRANSPORTATION BOARD.—

2 The Intermodal Surface Transportation Board shall have

3 jurisdiction to make a determination of whether or not at4 tempting to charge or the charging of a rate by a motor

5 carrier or freight forwarder or party representing a motor

6 carrier or freight forwarder is an unreasonable practice

7 under subsection (a). If the Transportation Board deter8 mines that attempting to charge or the charging of the rate

9 is an unreasonable practice under subsection (a), the car10 rier, freight forwarder, or party may not collect the dif11 ference described in subsection (a) between the applicable

12 rate and the negotiated rate for the transportation service.

13 In making such determination, the Transportation Board

14 shall consider—

15 ‘‘(1) whether the person was offered a transpor16 tation rate by the carrier or freight forwarder or

17 party other than that legally on file with the Trans18 portation Board or with the Interstate Commerce

19 Commission, as required, at the time of the movement

20 for the transportation service;

21 ‘‘(2) whether the person tendered freight to the

22 carrier or freight forwarder in reasonable reliance

23 upon the offered transportation rate;

24 ‘‘(3) whether the carrier or freight forwarder did

25 not properly or timely file with the Transportation
143

HR 2539 EAS

1 Board or with the Interstate Commerce Commission,

2 as required, a tariff providing for such transportation

3 rate or failed to enter into an agreement for contract

4 carriage;

5 ‘‘(4) whether the transportation rate was billed

6 and collected by the carrier or freight forwarder; and

7 ‘‘(5) whether the carrier or freight forwarder or

8 party demands additional payment of a higher rate

9 filed in a tariff.

10 ‘‘(c) STAY OF ADDITIONAL COMPENSATION.—When a

11 person proceeds under this section to challenge the reason12 ableness of the practice of a motor carrier, freight forwarder,

13 or party described in subsection (a) to attempt to charge

14 or to charge the difference described in subsection (a) be15 tween the applicable rate and the negotiated rate for the

16 transportation service in addition to those charges already

17 billed and collected for the transportation service, the person

18 shall not have to pay any additional compensation to the

19 carrier, freight forwarder, or party until the Transpor20 tation Board has made a determination as to the reason21 ableness of the practice as applied to the freight of the per22 son against whom the claim is made.

23 ‘‘(d) TREATMENT.—Subsection (a) is an exception to

24 the requirements of section 13702, and for transportation

25 prior to the effective date of the Interstate Commerce Com-
144

HR 2539 EAS

1 mission Sunset Act of 1995, to the requirements of sections

2 10761(a) and 10762 of this title as in effect on the date

3 before the date of enactment of the Interstate Commerce

4 Commission Sunset Act of 1995, relating to a filed tariff

5 rate and other general tariff requirements.

6 ‘‘(e) NONAPPLICABILITY OF NEGOTIATED RATE DIS7 PUTE RESOLUTION PROCEDURE.—If a person elects to seek

8 enforcement of subsection (a) with respect to a rate for a

9 transportation or service, section 13708 of this part shall

10 not apply to such rate.

11 ‘‘(f) DEFINITIONS.—For purposes of this section, the

12 term ‘negotiated rate’ means a rate, charge, classification,

13 or rule agreed upon by a motor carrier or freight forwarder

14 and a shipper through negotiations pursuant to which no

15 tariff was lawfully and timely filed and for which there

16 is written evidence of such agreement.

17 ‘‘§ 13711. Government traffic

18 ‘‘A carrier providing transportation or service for the

19 United States Government may transport property or indi20 viduals for the United States Government without charge

21 or at a rate reduced from the applicable commercial rate.

22 Section 3709 of the Revised Statutes (41 U.S.C. 5) does not

23 apply when transportation for the United States Govern24 ment can be obtained from a carrier lawfully operating in

25 the area where the transportation would be provided.
145

HR 2539 EAS

1 ‘‘§ 13712. Food and grocery transportation

2 ‘‘(a) CERTAIN COMPENSATION PROHIBITED.—Not3 withstanding any other provision of law, it shall not be un4 lawful for a seller of food and grocery products using a uni5 form zone delivered pricing system to compensate a cus6 tomer who picks up purchased food and grocery products

7 at the shipping point of the seller if such compensation is

8 available to all customers of the seller on a nondiscrim9 inatory basis and does not exceed the actual cost to the seller

10 of delivery to such customer.

11 ‘‘(b) SENSE OF CONGRESS.—It is the sense of the Con12 gress that any savings accruing to a customer by reason

13 of compensation permitted by subsection (a) of this section

14 should be passed on to the ultimate consumer.

15 ‘‘CHAPTER 139—REGISTRATION

16 ‘‘§ 13901. Requirement for registration

17 ‘‘A person may provide transportation or service sub18 ject to jurisdiction under subchapter I or III of chapter 135

19 of this title or be a broker for transportation subject to juris20 diction under subchapter I of that chapter, only if the per21 son is currently registered under this chapter to provide the

22 transportation or service.

23 ‘‘§ 13902. Registration of motor carriers

24 ‘‘(a)(1) Except as provided in this section, the Sec25 retary of Transportation shall register a person to provide

26 transportation subject to jurisdiction under subchapter I of
146

HR 2539 EAS

1 chapter 135 of this title as a motor carrier if the Secretary

2 finds that the person is willing and able to comply with—

3 ‘‘(A) this part, the applicable regulations of the

4 Secretary and the Intermodal Surface Transportation

5 Board, and any safety requirements imposed by the

6 Secretary,

7 ‘‘(B) the safety fitness requirements established

8 by the Secretary under section 31144 of this title, and

9 ‘‘(C) the minimum financial responsibility re10 quirements established by the Secretary pursuant to

11 sections 13906 and 31128 of this title.

12 ‘‘(2) The Secretary shall consider and, to the extent

13 applicable, make findings on, any evidence demonstrating

14 that the registrant is unable to comply with the require15 ments of subparagraph (A), (B), or (C) of paragraph (1).

16 ‘‘(3) The Secretary shall find any registrant as a

17 motor carrier under this section to be unfit if the registrant

18 does not meet the fitness requirements under paragraph (1)

19 of this subsection and shall withhold registration.

20 ‘‘(4) The Secretary may hear a complaint from any

21 person concerning a registration under this subsection only

22 on the ground that the registrant fails or will fail to comply

23 with this part, the applicable regulations of the Secretary

24 and the Transportation Board, the safety requirements of

25 the Secretary, or the safety fitness or minimum financial
147

HR 2539 EAS

1 responsibility requirements of paragraph (1) of this sub2 section.

3 ‘‘(b) MOTOR CARRIERS OF PASSENGERS.—

4 ‘‘(1) REGISTRATION OF PRIVATE RECIPIENTS OF

5 GOVERNMENT ASSISTANCE.—The Secretary shall reg6 ister under subsection (a)(1) a private recipient of

7 governmental assistance to provide special or charter

8 transportation subject to jurisdiction under sub9 chapter I of chapter 135 as a motor carrier of pas10 sengers if the Secretary finds that the recipient meets

11 the requirements of subsection (a)(1), unless the Sec12 retary finds, on the basis of evidence presented by any

13 person objecting to the registration, that the transpor14 tation to be provided pursuant to the registration is

15 not in the public interest.

16 ‘‘(2) REGISTRATION OF PUBLIC RECIPIENTS OF

17 GOVERNMENTAL ASSISTANCE.—

18 ‘‘(A) CHARTER TRANSPORTATION.—The

19 Secretary shall register under subsection (a)(1) a

20 public recipient of governmental assistance to

21 provide special or charter transportation subject

22 to jurisdiction under subchapter I of chapter 135

23 as a motor carrier of passengers if the Secretary

24 finds that—
148

HR 2539 EAS

1 ‘‘(i) the recipient meets the require2 ments of subsection (a)(1); and

3 ‘‘(ii)(I) no motor carrier of passengers

4 (other than a motor carrier of passengers

5 which is a public recipient of governmental

6 assistance) is providing, or is willing to

7 provide, the transportation; or

8 ‘‘(II) the transportation is to be pro9 vided entirely in the area in which the pub10 lic recipient provides regularly scheduled

11 mass transportation services.

12 ‘‘(B) REGULAR-ROUTE TRANSPORTATION.—

13 The Secretary shall register under subsection

14 (a)(1) a public recipient of governmental assist15 ance to provide regular-route transportation sub16 ject to jurisdiction under subchapter I of chapter

17 135 as a motor carrier of passengers if the Sec18 retary finds that the recipient meets the require19 ments of subsection (a)(1), unless the Secretary

20 finds, on the basis of evidence presented by any

21 person objecting to the registration, that the

22 transportation to be provided pursuant to the

23 registration is not in the public interest.

24 ‘‘(C) TREATMENT OF CERTAIN PUBLIC RE25 CIPIENTS.—Any public recipient of governmental
149

HR 2539 EAS

1 assistance which is providing or seeking to pro2 vide transportation of passengers subject to juris3 diction under subchapter I of chapter 135 shall,

4 for purposes of this part, be treated as a person

5 which is providing or seeking to provide trans6 portation of passengers subject to such jurisdic7 tion.

8 ‘‘(3) INTRASTATE TRANSPORTATION BY INTER9 STATE CARRIERS.—A motor carrier of passengers that

10 is registered by the Secretary under subsection (a) is

11 authorized to provide regular-route transportation en12 tirely in one State as a motor carrier of passengers

13 if such intrastate transportation is to be provided on

14 a route over which the carrier provides interstate

15 transportation of passengers.

16 ‘‘(4) JURISDICTION OVER CERTAIN INTRASTATE

17 TRANSPORTATION.—Any intrastate transportation

18 authorized under this subsection, except as provided

19 in section 14501, shall be deemed to be transportation

20 subject to jurisdiction under subchapter I of chapter

21 135 of this title until such time, not later than 30

22 days after the date on which a motor carrier of pas23 sengers first begins providing transportation entirely

24 in one State pursuant to this paragraph, as the car25 rier takes such action as is necessary to establish
150

HR 2539 EAS

1 under the laws of such State rates, rules, and prac2 tices applicable to such transportation.

3 ‘‘(5) SPECIAL OPERATIONS.—This subsection

4 shall not apply to any regular-route transportation of

5 passengers provided entirely in one State which is in

6 the nature of a special operation.

7 ‘‘(6) REVOCATION OF AUTHORITY FOR INTRA8 STATE TRANSPORTATION.—Notwithstanding para9 graph (3) of this subsection, intrastate transportation

10 authorized under this subsection may be suspended or

11 revoked by the Secretary under section 13905 of this

12 title at any time.

13 ‘‘(7) PREEMPTION OF STATE REGULATION.—No

14 State or political subdivision thereof and no inter15 state agency or other political agency of two or more

16 States shall enact or enforce any law, rule, regulation,

17 standard or other provision having the force and ef18 fect of law relating to the provision of pickup and de19 livery of express packages, newspapers, or mail in a

20 commercial zone if the shipment has had or will have

21 a prior or subsequent movement by bus in intrastate

22 commerce and, if a city within the commercial zone,

23 is served by a motor carrier of passengers providing

24 regular-route transportation of passengers subject to
151

HR 2539 EAS

1 jurisdiction under subchapter I of chapter 135 of this

2 title.

3 ‘‘(8) DEFINITIONS.—In this subsection, the fol4 lowing definitions apply:

5 ‘‘(A) PUBLIC RECIPIENT OF GOVERNMENTAL

6 ASSISTANCE.—The term ‘public recipient of gov7 ernmental assistance’ means—

8 ‘‘(i) any State,

9 ‘‘(ii) any municipality or other politi10 cal subdivision of a State,

11 ‘‘(iii) any public agency or instrumen12 tality of one or more states and municipali13 ties and political subdivisions of a State,

14 ‘‘(iv) any Indian tribe,

15 ‘‘(v) any corporation, board, or other

16 person owned or controlled by any entity

17 described in clause (i), (ii), (iii), or (iv),

18 and

19 which, before, on, or after the effective date of

20 this subsection received governmental assistance

21 for the purchase or operation of any bus.

22 ‘‘(B) PRIVATE RECIPIENT OF GOVERNMENT

23 ASSISTANCE.—The term ‘private recipient of gov24 ernment assistance’ means any person (other

25 than a person described in subparagraph (A))
152

HR 2539 EAS

1 who before, on or after the effective date of this

2 paragraph received governmental financial as3 sistance in the form of a subsidy for the pur4 chase, lease, or operation of any bus.

5 ‘‘(c) RESTRICTIONS ON MOTOR CARRIERS DOMICILED

6 IN OR OWNED OR CONTROLLED BY NATIONALS OF A CON7 TIGUOUS FOREIGN COUNTRY.—

8 ‘‘(1) If the President of the United States, or his

9 or her delegate, determines that an act, policy, or

10 practice of a foreign country contiguous to the United

11 States, or any political subdivision or any instrumen12 tality of any such country is unreasonable or dis13 criminatory and burdens or restricts United States

14 transportation companies providing, or seeking to

15 provide, motor carrier transportation of property or

16 passengers to, from, or within such foreign country,

17 the President, or his or her delegate, may—

18 ‘‘(A) seek elimination of such practices

19 through consultations; or

20 ‘‘(B) notwithstanding any other provision

21 of law, suspend, modify, amend, condition, or re22 strict operations, including geographical restric23 tion of operations, in the United States by motor

24 carriers of property or passengers domiciled in
153

HR 2539 EAS

1 such foreign country or owned or controlled by

2 persons of such foreign country.

3 ‘‘(2) Any action taken under paragraph (1)(A)

4 to eliminate an act, policy, or practice shall be so de5 vised so as to equal to the extent possible the burdens

6 or restrictions imposed by such foreign country on

7 United States transportation companies.

8 ‘‘(3) The President, or his or her delegate, may

9 remove or modify in whole or in part any action

10 taken under paragraph (1)(A) if the President, or his

11 or her delegate, determines that such removal or

12 modification is consistent with the obligations of the

13 United States under a trade agreement or with

14 United States transportation policy.

15 ‘‘(4) Unless and until the President or his or her

16 delegate makes a determination under paragraphs (1)

17 or (3) above, nothing in this subsection shall affect—

18 ‘‘(A) operations of motor carriers of prop19 erty or passengers domiciled in any contiguous

20 foreign country or owned or controlled by per21 sons of any contiguous foreign country permitted

22 in the commercial zones along the U.S.-Mexico

23 border as defined at the time of enactment of the

24 Interstate Commerce Commission Sunset Act of

25 1995; or
154

HR 2539 EAS

1 ‘‘(B) any existing restrictions on operations

2 of motor carriers of property or passengers domi3 ciled in any contiguous foreign country or owned

4 or controlled by persons of any contiguous for5 eign country or any modifications thereof pursu6 ant to section 6 of the Bus Regulatory Reform

7 Act of 1982.

8 ‘‘(5) Unless the President, or his or her delegate,

9 determines that expeditious action is required, the

10 President shall publish in the Federal Register any

11 determination under paragraphs (1) or (3) together

12 with a description of the facts on which such a deter13 mination is based and any proposed action to be

14 taken pursuant to paragraphs (1)(B) or (3) and pro15 vide an opportunity for public comments.

16 ‘‘(6) The President may delegate any or all au17 thority under this subsection to the Secretary of

18 Transportation, who shall consult with other agencies

19 as appropriate. In accordance with the directions of

20 the President, the Secretary of Transportation may

21 issue regulations to enforce this subsection.

22 ‘‘(7) Either the Secretary of Transportation or

23 the Attorney General may bring a civil action in an

24 appropriate district court of the United States to en25 force this subsection or a regulation prescribed or
155

HR 2539 EAS

1 order issued under this subsection. The court may

2 award appropriate relief, including injunctive relief.

3 ‘‘(8) This subsection shall not affect the require4 ment for all foreign motor carriers and foreign motor

5 private carriers operating in the United States to

6 fully comply with all applicable laws and regulations

7 pertaining to fitness; safety of operations; financial

8 responsibility; and taxes imposed by section 4481 of

9 the Internal Revenue Code of 1994.

10 ‘‘§ 13903. Registration of freight forwarders

11 ‘‘(a) The Secretary of Transportation shall register a

12 person to provide service subject to jurisdiction under sub13 chapter III of chapter 135 as a freight forwarder, if the

14 Secretary finds that the person is fit, willing, and able to

15 provide the service and to comply with this part and appli16 cable regulations of the Secretary and the Intermodal Sur17 face Transportation Board.

18 ‘‘(b) The freight forwarder may provide transportation

19 as the carrier itself only if the freight forwarder also has

20 been registered to provide transportation as a carrier under

21 this chapter.

22 ‘‘§ 13904. Registration of motor carrier brokers

23 ‘‘(a) The Secretary of Transportation shall register,

24 subject to section 13906(b) of this title, a person to be a

25 broker for transportation of property subject to jurisdiction
156

HR 2539 EAS

1 under subchapter I of chapter 135 of this title, if the Sec2 retary finds that the person is fit, willing, and able to be

3 a broker for transportation and to comply with this part

4 and applicable regulations of the Secretary .

5 ‘‘(b)(1) The broker may provide the transportation it6 self only if the broker also has been registered to provide

7 the transportation under this chapter.

8 ‘‘(2) This subsection does not apply to a motor carrier

9 registered under this chapter or to an employee or agent

10 of the motor carrier to the extent the transportation is to

11 be provided entirely by the motor carrier, with other reg12 istered motor carriers, or with rail or water carriers.

13 ‘‘(c) Regulations of the Secretary shall provide for the

14 protection of shippers by motor vehicle, to be observed by

15 brokers.

16 ‘‘(d) The Secretary may impose on brokers for motor

17 carriers of passengers such requirements for bonds or insur18 ance or both as the Secretary determines are needed to pro19 tect passengers and carriers dealing with such brokers.

20 ‘‘§ 13905. Effective periods of registration

21 ‘‘(a) Each registration under section 13902, 13903, or

22 13904 of this title is effective from the date specified by the

23 Secretary of Transportation and remains in effect for a pe24 riod of 5 years except as otherwise provided in this section

25 or in section 13906. The Secretary may require any carrier
157

HR 2539 EAS

1 or registrant to provide periodic updating of carrier infor2 mation.

3 ‘‘(b) On application of the holder, the Secretary may

4 amend or revoke a registration. On complaint or on the

5 Secretary’s own initiative and after notice and an oppor6 tunity for a proceeding, the Secretary may suspend, amend,

7 or revoke any part of the registration of a motor carrier,

8 broker, or freight forwarder for willful failure to comply

9 with this part, an applicable regulation or order of the Sec10 retary or of the Intermodal Surface Transportation Board,

11 or a condition of its registration.

12 ‘‘(c)(1) Except on application of the holder, the Sec13 retary may revoke a registration of a motor carrier, freight

14 forwarder, or broker, only after the Secretary has issued an

15 order to the holder under section 14701 of this title requir16 ing compliance with this part, a regulation of the Secretary,

17 or a condition of the registration of the holder, and the hold18 er willfully does not comply with the order.

19 ‘‘(2) The Secretary may act under paragraph (1) of

20 this subsection only after giving the holder of the registra21 tion at least 30 days to comply with the order.

22 ‘‘(d)(1) Without regard to subchapter II of chapter 5

23 of title 5, the Secretary may suspend the registration of a

24 motor carrier, a freight forwarder, or a broker for failure

25 to comply with safety requirements of the Secretary or the
158

HR 2539 EAS

1 safety fitness requirements pursuant to section 13904(c),

2 13906, or 31144, of this title, or an order or regulation of

3 the Secretary prescribed under those sections.

4 ‘‘(2) Without regard to subchapter II of chapter 5 of

5 title 5, the Secretary may suspend a registration of a motor

6 carrier of passengers if the Secretary finds that such carrier

7 is conducting unsafe operations which are an imminent

8 hazard to public health or property.

9 ‘‘(3) The Secretary may suspend the registration only

10 after giving notice of the suspension to the holder. The sus11 pension remains in effect until the holder complies with

12 those applicable sections or, in the case of a suspension

13 under paragraph (2) of this subsection, until the Secretary

14 revokes such suspension.

15 ‘‘§ 13906. Security of motor carriers, brokers, and

16 freight forwarders

17 ‘‘(a)(1) The Secretary of Transportation may register

18 a motor carrier under section 13902 only if the registering

19 carrier (including a foreign motor carrier, and a foreign

20 motor private carrier) files with the Secretary a bond, in21 surance policy, or other type of security approved by the

22 Secretary, in an amount not less than such amount as the

23 Secretary prescribes pursuant to, or as is required by, sec24 tions 31138 and 31139 of this title, and the laws of the

25 State or States in which the carrier is operating, to the
159

HR 2539 EAS

1 extent applicable. The security must be sufficient to pay,

2 not more than the amount of the security, for each final

3 judgment against the carrier for bodily injury to, or death

4 of, an individual resulting from the negligent operation,

5 maintenance, or use of motor vehicles, or for loss or damage

6 to property (except property referred to in paragraph (3)

7 of this subsection), or both. A registration remains in effect

8 only as long as the carrier continues to satisfy the security

9 requirements of this paragraph.

10 ‘‘(2) A motor carrier and a foreign motor private car11 rier and foreign motor carrier operating in the United

12 States (when providing transportation between places in a

13 foreign country or between a place in one foreign country

14 and a place in another foreign country) shall comply with

15 the requirements of sections 13303 and 13304. To protect

16 the public, the Secretary may require any such motor car17 rier to file the type of security that a motor carrier is re18 quired to file under paragraph (1) of this subsection.

19 ‘‘(3) The Secretary may require a registered motor car20 rier to file with the Secretary a type of security sufficient

21 to pay a shipper or consignee for damage to property of

22 the shipper or consignee placed in the possession of the

23 motor carrier as the result of transportation provided under

24 this part. A carrier required by law to pay a shipper or

25 consignee for loss, damage, or default for which a connecting
160

HR 2539 EAS

1 motor carrier is responsible is subrogated, to the extent of

2 the amount paid, to the rights of the shipper or consignee

3 under any such security.

4 ‘‘(b) The Secretary may register a person as a broker

5 under section 13904 of this title only if the person files with

6 the Secretary a bond, insurance policy, or other type of se7 curity approved by the Secretary to ensure that the trans8 portation for which a broker arranges is provided. The reg9 istration remains in effect only as long as the broker contin10 ues to satisfy the security requirements of this subsection.

11 ‘‘(c)(1) The Secretary may register a person as a

12 freight forwarder under section 13903 of this title only if

13 the person files with the Secretary a bond, insurance policy,

14 or other type of security approved by the Secretary. The

15 security must be sufficient to pay, not more than the

16 amount of the security, for each final judgment against the

17 freight forwarder for bodily injury to, or death of, an indi18 vidual, or loss of, or damage to, property (other than prop19 erty referred to in paragraph (2) of this subsection), result20 ing from the negligent operation, maintenance, or use of

21 motor vehicles by or under the direction and control of the

22 freight forwarder when providing transfer, collection, or de23 livery service under this part.

24 ‘‘(2) The Secretary may require a registered freight

25 forwarder to file with the Secretary a bond, insurance pol-
161

HR 2539 EAS

1 icy, or other type of security approved by the Secretary suf2 ficient to pay, not more than the amount of the security,

3 for loss of, or damage to, property for which the freight for4 warder provides service.

5 ‘‘(3) The freight forwarder’s registration remains in ef6 fect only as long as the freight forwarder continues to satisfy

7 the security requirements of this subsection.

8 ‘‘(d) The Secretary may determine the type and

9 amount of security filed under this section. A motor carrier

10 may submit proof of qualifications as a self-insurer to sat11 isfy the security requirements of this section. The Secretary

12 shall adopt regulations governing the standards for ap13 proval as a self-insurer. Motor carriers which have been

14 granted authority to self-insure as of the date of enactment

15 of the Interstate Commerce Commission Sunset Act of 1995

16 shall retain that authority unless, for good cause shown and

17 after notice and an opportunity for a hearing, the Secretary

18 finds that the authority must be revoked.

19 ‘‘(e) The Secretary shall promulgate regulations re20 quiring the submission to the Secretary of notices of insur21 ance cancellation sufficiently in advance of actual cancella22 tion so as to enable the Secretary to promptly revoke the

23 registration of any carrier or broker after the effective date

24 of the cancellation. The Secretary shall also prescribe the

25 appropriate form of endorsement to be appended to policies
162

HR 2539 EAS

1 of insurance and surety bonds which will subject the insur2 ance policy or surety bond to the full security limits of the

3 coverage required under this section.

4 ‘‘§ 13907. Household goods agents

5 ‘‘(a) Each motor carrier providing transportation of

6 household goods subject to jurisdiction under subchapter I

7 of chapter 135 of this title shall be responsible for all acts

8 or omissions of any of its agents which relate to the per9 formance of household goods transportation services (includ10 ing accessorial or terminal services) subject to jurisdiction

11 under subchapter I of chapter 135 of this title and which

12 are within the actual or apparent authority of the agent

13 from the carrier or which are ratified by the carrier.

14 ‘‘(b) Each motor carrier providing transportation of

15 household goods subject to jurisdiction under subchapter I

16 of chapter 135 of this title shall use due diligence and rea17 sonable care in selecting and maintaining agents who are

18 sufficiently knowledgeable, fit, willing, and able to provide

19 adequate household goods transportation services (including

20 accessorial and terminal services) and to fulfill the obliga21 tions imposed upon them by this part and by such carrier.

22 ‘‘(c)(1) Whenever the Secretary of Transportation has

23 reason to believe from a complaint or investigation that an

24 agent providing household goods transportation services

25 (including accessorial and terminal services) under the au-
163

HR 2539 EAS

1 thority of a motor carrier providing transportation of

2 household goods subject to jurisdiction under subchapter I

3 of chapter 135 of this title has violated section 14901(e) or

4 14912 of this title or is consistently not fit, willing, and

5 able to provide adequate household goods transportation

6 services (including accessorial and terminal services), the

7 Secretary may issue to such agent a complaint stating the

8 charges and containing notice of the time and place of a

9 hearing which shall be held no later than 60 days after serv10 ice of the complaint to such agent.

11 ‘‘(2) Such agent shall have the right to appear at such

12 hearing and rebut the charges contained in the complaint.

13 ‘‘(3) If such person does not appear at the hearing or

14 if the Secretary finds that the agent has violated section

15 14901(e) or 14912 of this title or is consistently not fit,

16 willing, and able to provide adequate household goods trans17 portation services (including accessorial and terminal serv18 ices), the Secretary may issue an order to compel compli19 ance with the requirement that the agent be fit, willing, and

20 able. Thereafter, the Secretary may issue an order to limit,

21 condition, or prohibit such agent from any involvement in

22 the transportation or provision of services incidental to the

23 transportation of household goods subject to jurisdiction

24 under subchapter I of chapter 135 of this title if, after notice

25 and an opportunity for a hearing, the Secretary finds that
164

HR 2539 EAS

1 such agent, within a reasonable time after the date of issu2 ance of a compliance order under this section, but in no

3 event less than 30 days after such date of issuance, has will4 fully failed to comply with such order.

5 ‘‘(4) Upon filing of a petition with the Secretary by

6 an agent who is the subject of an order issued pursuant

7 to the second sentence of paragraph (3) of this subsection

8 and after notice, a hearing shall be held with an oppor9 tunity to be heard. At such hearing, a determination shall

10 be made whether the order issued pursuant to paragraph

11 (3) of this subsection should be rescinded.

12 ‘‘(5) Any agent adversely affected or aggrieved by an

13 order of the Secretary issued under this subsection may seek

14 relief in the appropriate United States court of appeals as

15 provided by and in the manner prescribed in chapter 158

16 of title 28, United States Code.

17 ‘‘(d) The antitrust laws, as defined in the first section

18 of the Clayton Act (15 U.S.C. 12), do not apply to discus19 sions or agreements between a motor carrier providing

20 transportation of household goods subject to jurisdiction

21 under subchapter I of chapter 135 of this title and its agents

22 (whether or not an agent is also a carrier) related solely

23 to (1) rates for the transportation of household goods under

24 the authority of the principal carrier, (2) accessorial, termi25 nal, storage, or other charges for services incidental to the
165

HR 2539 EAS

1 transportation of household goods transported under the au2 thority of the principal carrier, (3) allowances relating to

3 transportation of household goods under the authority of the

4 principal carrier, and (4) ownership of a motor carrier pro5 viding transportation of household goods subject to jurisdic6 tion under subchapter I of chapter 135 of this title by an

7 agent or membership on the board of directors of any such

8 motor carrier by an agent.

9 ‘‘§ 13908. Registration and other reforms

10 ‘‘(a) IN GENERAL.—Within 18 months after the date

11 of enactment of the Interstate Commerce Commission Sun12 set Act of 1995, the Secretary, in cooperation with the

13 States, industry groups, and other interested parties shall

14 conduct a study to determine whether, and to what extent,

15 the current Department of Transportation identification

16 number system, the single State registration system under

17 section 14505, the registration system contained in this

18 chapter, and the financial responsibility information sys19 tem under section 13906, should be modified or replaced

20 with a single, on-line Federal system.

21 ‘‘(b) FACTORS TO BE CONSIDERED.—In conducting

22 the rulemaking under subsection (a), the Secretary shall,

23 at a minimum, consider the following factors:

24 ‘‘(1) Funding for State enforcement of motor car25 rier safety regulations.
166

HR 2539 EAS

1 ‘‘(2) Whether the existing single State registra2 tion system is duplicative and burdensome.

3 ‘‘(3) The justification and need for collecting the

4 statutory fee for such system under section 145-

5 5(c)(2)(B)(iv).

6 ‘‘(4) The public safety.

7 ‘‘(5) The efficient delivery of transportation serv8 ices.

9 ‘‘(6) How, and under what conditions, to extend

10 the registration system to motor private carriers and

11 to carriers exempt under sections 13502, 13503, and

12 13506.

13 ‘‘(c) FEE SYSTEM.—The Secretary may consider

14 whether to establish, under section 9701 of title 31, a fee

15 system for registration and filing evidence of financial re16 sponsibility under the new system under subsection (a).

17 ‘‘(d) DEADLINE.—The Secretary shall conclude the

18 study under this section within 18 months and report to

19 Congress on the findings, together with recommendations

20 for any appropriate legislative changes that may be needed.

21 ‘‘CHAPTER 141—OPERATIONS OF CARRIERS

22 ‘‘SUBCHAPTER I—GENERAL REQUIREMENTS

23 ‘‘§ 14101. Providing transportation and service

24 ‘‘(a) A carrier providing transportation or service sub25 ject to jurisdiction under chapter 135 of this title shall pro-
167

HR 2539 EAS

1 vide the transportation or service on reasonable request. In

2 addition, a motor carrier shall provide safe and adequate

3 service, equipment, and facilities.

4 ‘‘(b) A carrier providing transportation or service sub5 ject to jurisdiction under chapter 135 of this title may enter

6 into a contract with a shipper, other than a shipper of

7 household goods described in section 13102(9)(A)(i), to pro8 vide specified services under specified rates and conditions.

9 If the shipper and carrier in writing expressly waives any

10 or all rights and remedies under this part for the transpor11 tation covered by the contract, the transportation provided

12 under that contract shall not be subject to those provisions

13 of this part, and may not be subsequently challenged on

14 the ground that it violates such provision. The parties may

15 not waive the provisions governing registration, insurance,

16 or safety fitness. The exclusive remedy for any alleged

17 breach of a contract entered into under this subsection shall

18 be an action in an appropriate State court or United States

19 district court, unless the parties otherwise agree.

20 ‘‘§ 14102. Leased motor vehicles

21 ‘‘(a) The Secretary of Transportation may require a

22 motor carrier providing transportation subject to jurisdic23 tion under subchapter I of chapter 135 of this title that

24 uses motor vehicles not owned by it to transport property

25 under an arrangement with another party to—
168

HR 2539 EAS

1 ‘‘(1) make the arrangement in writing signed by

2 the parties specifying its duration and the compensa3 tion to be paid by the motor carrier;

4 ‘‘(2) carry a copy of the arrangement in each

5 motor vehicle to which it applies during the period

6 the arrangement is in effect;

7 ‘‘(3) inspect the motor vehicles and obtain liabil8 ity and cargo insurance on them; and

9 ‘‘(4) have control of and be responsible for oper10 ating those motor vehicles in compliance with require11 ments prescribed by the Secretary on safety of oper12 ations and equipment, and with other applicable law

13 as if the motor vehicles were owned by the motor car14 rier.

15 ‘‘(b) The Secretary shall require, by regulation, that

16 any arrangement, between a motor carrier of property pro17 viding transportation subject to jurisdiction under sub18 chapter I of chapter 135 of this title and any other person,

19 under which such other person is to provide any portion

20 of such transportation by a motor vehicle not owned by the

21 carrier shall specify, in writing, who is responsible for load22 ing and unloading the property onto and from the motor

23 vehicle.
169

HR 2539 EAS

1 ‘‘§ 14103. Loading and unloading motor vehicles

2 ‘‘(a) Whenever a shipper or receiver of property re3 quires that any person who owns or operates a motor vehicle

4 transporting property in interstate commerce (whether or

5 not such transportation is subject to jurisdiction under sub6 chapter I of chapter 135 of this title) be assisted in the load7 ing or unloading of such vehicle, the shipper or receiver

8 shall be responsible for providing such assistance or shall

9 compensate the owner or operator for all costs associated

10 with securing and compensating the person or persons pro11 viding such assistance.

12 ‘‘(b) It shall be unlawful to coerce or attempt to coerce

13 any person providing transportation of property by motor

14 vehicle for compensation in interstate commerce (whether

15 or not such transportation is subject to jurisdiction under

16 subchapter I of chapter 135 of this title) to load or unload

17 any part of such property onto or from such vehicle or to

18 employ or pay one or more persons to load or unload any

19 part of such property onto or from such vehicle, except that

20 this subsection shall not be construed as making unlawful

21 any activity which is not unlawful under the National

22 Labor Relations Act or the Act of March 23, 1932 (47 Stat.

23 70; 29 U.S.C. 101 et seq.), commonly known as the Norris24 LaGuardia Act.
170

HR 2539 EAS

1 ‘‘§ 14104. Household goods carrier operations

2 ‘‘(a)(1) The Secretary of Transportation may issue

3 regulations, including regulations protecting individual

4 shippers, in order to carry out this part with respect to

5 the transportation of household goods by motor carriers sub6 ject to jurisdiction under subchapter I of chapter 135 of this

7 title. The regulations and paperwork required of motor car8 riers providing transportation of household goods shall be

9 minimized to the maximum extent feasible consistent with

10 the protection of individual shippers.

11 ‘‘(2) Regulations of the Secretary protecting individual

12 shippers shall include, where appropriate, reasonable per13 formance standards for the transportation of household

14 goods subject to jurisdiction under subchapter I of chapter

15 135 of this title. In establishing performance standards

16 under this paragraph, the Secretary shall take into account

17 at least the following:

18 ‘‘(A) The level of performance that can be

19 achieved by a well-managed motor carrier transport20 ing household goods.

21 ‘‘(B) The degree of harm to individual shippers

22 which could result from a violation of the regulation.

23 ‘‘(C) The need to set the level of performance at

24 a level sufficient to deter abuses which result in harm

25 to consumers and violations of regulations.

26 ‘‘(D) Service requirements of the carriers.
171

HR 2539 EAS

1 ‘‘(E) The cost of compliance in relation to the

2 consumer benefits to be achieved from such compli3 ance.

4 ‘‘(F) The need to set the level of performance at

5 a level designed to encourage carriers to offer service

6 responsive to shipper needs.

7 ‘‘(3) Nothing in this section shall be construed to limit

8 the Secretary’s authority to require reports from motor car9 riers providing transportation of household goods or to re10 quire such carriers to provide specified information to con11 sumers concerning their past performance.

12 ‘‘(b)(1) Every motor carrier providing transportation

13 of household goods subject to jurisdiction under subchapter

14 I of chapter 135 of this title may, upon request of a prospec15 tive shipper, provide the shipper with an estimate of charges

16 for transportation of household goods and for the proposed

17 services. The Secretary shall not prohibit any such carrier

18 from charging a prospective shipper for providing a writ19 ten, binding estimate for the transportation and proposed

20 services.

21 ‘‘(2) Any charge for an estimate of charges provided

22 by a motor carrier to a shipper for transportation of house23 hold goods subject to jurisdiction under subchapter I of

24 chapter 135 of this title shall be subject to the antitrust
172

HR 2539 EAS

1 laws, as defined in the first section of the Clayton Act (15

2 U.S.C. 12).

3 ‘‘(c) The Secretary shall issue regulations that provide

4 motor carriers providing transportation of household goods

5 subject to jurisdiction under subchapter I of chapter 135

6 of this title with the maximum possible flexibility in weigh7 ing shipments, consistent with assurance to the shipper of

8 accurate weighing practices. The Secretary shall not pro9 hibit such carriers from backweighing shipments or from

10 basing their charges on the reweigh weights if the shipper

11 observes both the tare and gross weighings (or, prior to such

12 weighings, waives in writing the opportunity to observe

13 such weighings) and such weighings are performed on the

14 same scale.

15 ‘‘SUBCHAPTER II—REPORTS AND RECORDS

16 ‘‘§ 14121. Definitions

17 ‘‘In this subchapter—

18 ‘‘(1) ‘carrier’ and ‘broker’ include a receiver or

19 trustee of a carrier and broker, respectively.

20 ‘‘(2) ‘association’ means an organization main21 tained by or in the interest of a group of carriers or

22 brokers providing transportation or service subject to

23 jurisdiction under chapter 135 of this title that per24 forms a service, or engages in activities, related to

25 transportation under this part.
173

HR 2539 EAS

1 ‘‘§ 14122. Records: form; inspection; preservation

2 ‘‘(a) The Secretary of Transportation or the Inter3 modal Surface Transportation Board, as applicable, may

4 prescribe the form of records required to be prepared or com5 piled under this subchapter by carriers and brokers, includ6 ing records related to movement of traffic and receipts and

7 expenditures of money.

8 ‘‘(b) The Secretary or Transportation Board, or an

9 employee designated by the Secretary or Transportation

10 Board, may on demand and display of proper credentials—

11 ‘‘(1) inspect and examine the lands, buildings,

12 and equipment of a carrier or broker; and

13 ‘‘(2) inspect and copy any record of—

14 ‘‘(A) a carrier, broker, or association; and

15 ‘‘(B) a person controlling, controlled by, or

16 under common control with a carrier if the Sec17 retary or Transportation Board, as applicable,

18 considers inspection relevant to that person’s re19 lation to, or transaction with, that carrier.

20 ‘‘(c) The Secretary or Transportation Board, as appli21 cable, may prescribe the time period during which operat22 ing, accounting, and financial records must be preserved

23 by carriers.

24 ‘‘§ 14123. Reports by carriers, brokers, and associa25 tions

26 ‘‘(a) The Secretary—
174

HR 2539 EAS

1 ‘‘(1) shall require class I and class II motor car2 riers (as defined by the Secretary) to file annual re3 ports with the Secretary, including a detailed balance

4 sheet and income statement, information related to

5 the ownership or lease of equipment operated by the

6 motor carrier, and data related to the movement of

7 traffic and safety performance, the form and sub8 stance of which shall be prescribed by the Secretary

9 and may vary for different classes of motor carriers;

10 ‘‘(2) may require carriers, freight forwarders,

11 brokers, lessors, and associations, or classes of them as

12 the Secretary may prescribe, to file quarterly, peri13 odic, or special reports with the Secretary and to re14 spond to surveys concerning their operations; and

15 ‘‘(3) shall have the authority upon good cause

16 shown to exempt any party from the financial report17 ing requirements prescribed by subsection (a)(1) or

18 (a)(2).

19 ‘‘(b) Any request for exemption under paragraph (3)

20 of subsection (a) must demonstrate, at a minimum, that

21 an exemption is required to avoid competitive harm and

22 preserve confidential business information that is not other23 wise publicly available. Exemptions shall only be granted

24 for one-year periods.’’.
175

HR 2539 EAS

1 ‘‘(c) The Intermodal Surface Transportation Board

2 may require carriers to file special reports containing infor3 mation needed by the Transportation Board.

4 ‘‘CHAPTER 143—FINANCE

5 ‘‘§ 14301. Security interests in certain motor vehicles

6 ‘‘(a) In this section—

7 ‘‘(1) ‘motor vehicle’ means a truck of rated ca8 pacity (gross vehicle weight) of at least 10,000

9 pounds, a highway tractor of rated capacity (gross

10 combination weight) of at least 10,000 pounds, a

11 property-carrying trailer or semitrailer with at least

12 one load-carrying axle of at least 10,000 pounds, or

13 a motor bus with a seating capacity of at least 10 in14 dividuals.

15 ‘‘(2) ‘lien creditor’ means a creditor having a

16 lien on a motor vehicle and includes an assignee for

17 benefit of creditors from the date of assignment, a

18 trustee in a case under title 11 from the date of filing

19 of the petition in that case, and a receiver in equity

20 from the date of appointment of the receiver.

21 ‘‘(3) ‘security interest’ means an interest (includ22 ing an interest established by a conditional sales con23 tract, mortgage, equipment trust, or other lien or title

24 retention contract, or lease) in a motor vehicle when
176

HR 2539 EAS

1 the interest secures payment or performance of an ob2 ligation.

3 ‘‘(4) ‘perfection’, as related to a security interest,

4 means taking action (including public filing, record5 ing, notation on a certificate of title, and possession

6 of collateral by the secured party), or the existence of

7 facts, required under law to make a security interest

8 enforceable against general creditors and subsequent

9 lien creditors of a debtor, but does not include compli10 ance with requirements related only to the establish11 ment of a valid security interest between the debtor

12 and the secured party.

13 ‘‘(b) A security interest in a motor vehicle owned by,

14 or in the possession and use of, a carrier registered under

15 section 13902 of this title and owing payment or perform16 ance of an obligation secured by that security interest is

17 perfected in all jurisdictions against all general, and subse18 quent lien, creditors of, and all persons taking a motor vehi19 cle by sale (or taking or retaining a security interest in

20 a motor vehicle) from, that carrier when—

21 ‘‘(1) a certificate of title is issued for a motor ve22 hicle under a law of a jurisdiction that requires or

23 permits indication, on a certificate or title, of a secu24 rity interest in the motor vehicle if the security inter25 est is indicated on the certificate;
177

HR 2539 EAS

1 ‘‘(2) a certificate of title has not been issued and

2 the law of the State where the principal place of busi3 ness of that carrier is located requires or permits pub4 lic filing or recording of, or in relation to, that secu5 rity interest if there has been such a public filing or

6 recording; and

7 ‘‘(3) a certificate of title has not been issued and

8 the security interest cannot be perfected under para9 graph (2) of this subsection, if the security interest

10 has been perfected under the law (including the con11 flict of laws rules) of the State where the principal

12 place of business of that carrier is located.

13 ‘‘§ 14302. Pooling and division of transportation or

14 earnings

15 ‘‘(a) A carrier providing transportation subject to ju16 risdiction under subchapter I of chapter 135 of this title

17 may not agree or combine with another such carrier to pool

18 or divide traffic or services or any part of their earnings

19 without the approval of the Intermodal Surface Transpor20 tation Board under this section.

21 ‘‘(b) The Transportation Board may approve and au22 thorize an agreement or combination between or among

23 motor carriers of passengers, or between a motor carrier of

24 passengers and a rail carrier of passengers, if the carriers

25 involved assent to the pooling or division and the Transpor-
178

HR 2539 EAS

1 tation Board finds that a pooling or division of traffic, serv2 ices, or earnings—

3 ‘‘(1) will be in the interest of better service to the

4 public or of economy of operation; and

5 ‘‘(2) will not unreasonably restrain competition.

6 ‘‘(c)(1) Any motor carrier of property may apply to

7 the Transportation Board for approval of an agreement or

8 combination with another such carrier to pool or divide

9 traffic or any services or any part of their earnings by fil10 ing such agreement or combination with the Transportation

11 Board not less than 50 days before its effective date. Prior

12 to the effective date of the agreement or combination, the

13 Transportation Board shall determine whether the agree14 ment or combination is of major transportation importance

15 and whether there is substantial likelihood that the agree16 ment or combination will unduly restrain competition. If

17 the Transportation Board determines that neither of these

18 two factors exists, it shall, prior to such effective date and

19 without a hearing, approve and authorize the agreement or

20 combination, under such rules and regulations as the

21 Transportation Board may issue, and for such consider22 ation between such carriers and upon such terms and condi23 tions as shall be found by the Transportation Board to be

24 just and reasonable. If the Transportation Board deter25 mines either that the agreement or combination is of major
179

HR 2539 EAS

1 transportation importance or that there is substantial like2 lihood that the agreement or combination will unduly re3 strain competition, the Transportation Board shall hold a

4 hearing concerning whether the agreement or combination

5 will be in the interest of better service to the public or of

6 economy in operation and whether it will unduly restrain

7 competition and shall suspend operation of such agreement

8 or combination pending such hearing and final decision

9 thereon. After such hearing, the Transportation Board shall

10 indicate to what extent it finds that the agreement or com11 bination will be in the interest of better service to the public

12 or of economy in operation and will not unduly restrain

13 competition and if assented to by all the carriers involved,

14 shall to that extent, approve and authorize the agreement

15 or combination, under such rules and regulations as the

16 Transportation Board may issue, and for such consider17 ation between such carriers and upon such terms and condi18 tions as shall be found by the Transportation Board to be

19 just and reasonable.

20 ‘‘(2) In the case of an application for Transportation

21 Board approval of an agreement or combination between

22 a motor carrier providing transportation of household goods

23 and its agents to pool or divide traffic or services or any

24 part of their earnings, such agreement or combination shall

25 be presumed to be in the interest of better service to the
180

HR 2539 EAS

1 public and of economy in operation and not to restrain

2 competition unduly if the practices proposed to be carried

3 out under such agreement or combination are the same as

4 or similar to practices carried out under agreements and

5 combinations between motor carriers providing transpor6 tation of household goods to pool or divide traffic or service

7 of any part of their earnings approved by the Interstate

8 Commerce Commission before the date of enactment of the

9 Interstate Commerce Commission Sunset Act of 1995.

10 ‘‘(3) The Transportation Board shall streamline, sim11 plify, and expedite, to the maximum extent practicable, the

12 process (including, but not limited to, any paperwork) for

13 submission and approval of applications under this section

14 for agreements and combinations between motor carriers

15 providing transportation of household goods and their

16 agents.

17 ‘‘(d) The Transportation Board may impose condi18 tions governing the pooling or division and may approve

19 and authorize payment of a reasonable consideration be20 tween the carriers.

21 ‘‘(e) The Transportation Board may begin a proceed22 ing under this section on its own initiative or on applica23 tion.

24 ‘‘(f) A carrier may participate in an arrangement ap25 proved by or exempted by the Transportation Board under
181

HR 2539 EAS

1 this section without the approval of any other federal, State,

2 or municipal body. A carrier participating in an approved

3 or exempted arrangement is exempt from the antitrust laws

4 and from all other law, including State and municipal law,

5 as necessary to let that person carry out the arrangement.

6 ‘‘(g) Any agreements in operation under the provisions

7 of this title on the date of enactment of the Interstate Com8 merce Commission Sunset Act of 1995 that are succeeded

9 by this section shall remain in effect until further order of

10 the Transportation Board.

11 ‘‘§ 14303. Consolidation, merger, and acquisition of

12 control of motor carriers of passengers

13 ‘‘(a) APPROVAL REQUIRED.—The following trans14 actions involving motor carriers of passengers subject to ju15 risdiction under subchapter I of chapter 135 of this title

16 may be carried out only with the approval of the Inter17 modal Surface Transportation Board:

18 ‘‘(1) Consolidation or merger of the properties or

19 franchises of at least 2 carriers into one operation for

20 the ownership, management, and operation of the pre21 viously separately owned properties.

22 ‘‘(2) A purchase, lease, or contract to operate

23 property of another carrier by any number of car24 riers.
182

HR 2539 EAS

1 ‘‘(3) Acquisition of control of a carrier by any

2 number of carriers.

3 ‘‘(4) Acquisition of control of at least 2 carriers

4 by a person that is not a carrier.

5 ‘‘(5) Acquisition of control of a carrier by a per6 son that is not a carrier but that controls any number

7 of carriers.

8 ‘‘(b) The Board shall approve and authorize a trans9 action under this section when it finds the transaction is

10 consistent with the public interest. The Board shall consider

11 at least the following:

12 ‘‘(1) The effect of the proposed transaction on the

13 adequacy of transportation to the public.

14 ‘‘(2) The total fixed charges that result from the

15 proposed transaction.

16 ‘‘(3) The interest of carrier employees affected by

17 the proposed transaction.

18 The Board may impose conditions governing the trans19 action.

20 ‘‘(c) Within 30 days after an application is filed under

21 this section, the Board shall either publish a notice of the

22 application in the Federal Register or (2) reject the applica23 tion if it is incomplete.
183

HR 2539 EAS

1 ‘‘(d) Written comments about an application may be

2 filed with the Board within 45 days after notice of the ap3 plication is published under subsection (c).

4 ‘‘(e) The Board shall conclude evidentiary proceedings

5 by the 240th day after notice of the application is published

6 under subsection (c). The Board shall issue a final decision

7 by the 180th day after the conclusion of the evidentiary pro8 ceedings. The Board may extend a time period under this

9 subsection, except that the total of all such extensions with

10 respect to any application shall not exceed 90 days.

11 ‘‘(f) A carrier or corporation participating in or re12 sulting from a transaction approved by the Board under

13 this section, or exempted by the Board from the application

14 of this section pursuant to section 13541, may carry out

15 the transaction, own and operate property, and exercise

16 control or franchises acquired through the transaction with17 out the approval of a State authority. A carrier, corpora18 tion, or person participating in that approved or exempted

19 transaction is exempt from the antitrust laws and from all

20 other law, including State and municipal law, as necessary

21 to let that person carry out the transaction, hold, maintain,

22 and operate property, and exercise control or franchises ac23 quired through the transaction.

24 ‘‘(g) This section shall not apply to transactions in25 volving carriers whose aggregate gross operating revenues
184

HR 2539 EAS

1 were not more than $2,000,000 during a period of 12 con2 secutive months ending not more than 6 months before the

3 date of the agreement of the parties.

4 ‘‘CHAPTER 145—FEDERAL-STATE RELATIONS

5 ‘‘§ 14501. Federal authority over intrastate transpor6 tation

7 ‘‘(a) MOTOR CARRIERS OF PASSENGERS.—No State or

8 political subdivision thereof and no interstate agency or

9 other political agency of two or more States shall enact or

10 enforce any law, rule, regulation, standard, or other provi11 sions having the force and effect of law relating to schedul12 ing of interstate or intrastate transportation (including dis13 continuance or reduction in the level of service) provided

14 by motor carrier of passengers subject to jurisdiction under

15 subchapter I of chapter 135 of this title on an interstate

16 route or relating to the implementation of any change in

17 the rates for such transportation or for charter transpor18 tation except to the extent that notice, not in excess of 30

19 days, of changes in schedules may be required. This sub20 section shall not apply to intrastate commuter bus oper21 ations.

22 ‘‘(b) FREIGHT FORWARDERS AND TRANSPORTATION

23 BROKERS.—

24 ‘‘(1) GENERAL RULE.—Subject to paragraph (2)

25 of this subsection, no State or political subdivision
185

HR 2539 EAS

1 thereof and no intrastate agency or other political

2 agency of two or more States shall enact or enforce

3 any law, rule, regulation, standard, or other provi4 sion having the force and effect of law relating to

5 intrastate rates, intrastate routes, or intrastate serv6 ices of any freight forwarder or transportation broker.

7 ‘‘(2) CONTINUATION OF HAWAII’S AUTHORITY.—

8 Nothing in this subsection and the amendments made

9 by the Surface Freight Forwarder Deregulation Act of

10 1986 shall be construed to affect the authority of the

11 State of Hawaii to continue to regulate a motor car12 rier operating within the State of Hawaii.

13 ‘‘(c) MOTOR CARRIERS OF PROPERTY.—

14 ‘‘(1) GENERAL RULE.—Except as provided in

15 paragraphs (2) and (3), a State, political subdivision

16 of a State, or political authority of 2 or more States

17 may not enact or enforce a law, regulation, or other

18 provision having the force and effect of law related to

19 a price, route, or service of any motor carrier (other

20 than a carrier affiliated with a direct air carrier cov21 ered by section 41713(b)(4) of this title) or any motor

22 private carrier or any transportation intermediary

23 (as defined in sections 13102(1) and 13102(7) of this

24 subtitle) with respect to the transportation of prop25 erty.
186

HR 2539 EAS

1 ‘‘(2) MATTERS NOT COVERED.—Paragraph (1)—

2 ‘‘(A) shall not restrict the safety regulatory

3 authority of a State with respect to motor vehi4 cles, the authority of a State to impose highway

5 route controls or limitations based on the size or

6 weight of the motor vehicle or the hazardous na7 ture of the cargo, or the authority of a State to

8 regulate motor carriers with regard to minimum

9 amounts of financial responsibility relating to

10 insurance requirements and self-insurance au11 thorization;

12 ‘‘(B) does not apply to the transportation of

13 household goods; and

14 ‘‘(C) does not apply to the authority of a

15 State or a political subdivision of a State to

16 enact or enforce a law, regulation, or other pro17 vision relating to the price and related condi18 tions of for-hire motor vehicle transportation by

19 a tow truck, if such transportation is per20 formed—

21 ‘‘(i) at the request of a law enforcement

22 agency; or

23 ‘‘(ii) without the prior consent or au24 thorization of the owner or operator of the

25 motor vehicle.
187

HR 2539 EAS

1 ‘‘(3) STATE STANDARD TRANSPORTATION PRAC2 TICES.—

3 ‘‘(A) CONTINUATION.—Paragraph (1) shall

4 not affect any authority of a State, political sub5 division of a State, or political authority of 2 or

6 more States to enact or enforce a law, regulation,

7 or other provision, with respect to the intrastate

8 transportation of property by motor carriers, re9 lated to—

10 ‘‘(i) uniform cargo liability rules,

11 ‘‘(ii) uniform bills of lading or receipts

12 for property being transported,

13 ‘‘(iii) uniform cargo credit rules, or

14 ‘‘(iv) antitrust immunity for joint line

15 rates or routes, classifications, and mileage

16 guides,

17 if such law, regulation, or provision meets the re18 quirements of subparagraph (B).

19 ‘‘(B) REQUIREMENTS.—A law, regulation,

20 or provision of a State, political subdivision, or

21 political authority meets the requirements of this

22 subparagraph if—

23 ‘‘(i) the law, regulation, or provision

24 covers the same subject matter as, and com25 pliance with such law, regulation, or provi-
188

HR 2539 EAS

1 sion is no more burdensome than compli2 ance with, a provision of this part or a reg3 ulation issued by the Secretary of Transpor4 tation or the Intermodal Surface Transpor5 tation Board under this part; and

6 ‘‘(ii) the law, regulation, or provision

7 only applies to a carrier upon request of

8 such carrier.

9 ‘‘(C) ELECTION.—Notwithstanding any

10 other provision of law, a carrier affiliated with

11 a direct air carrier through common controlling

12 ownership may elect to be subject to a law, regu13 lation, or provision of a State, political subdivi14 sion, or political authority under this para15 graph.

16 ‘‘(4) This subsection shall not apply with respect

17 to the State of Hawaii until August 22, 1997.

18 ‘‘§ 14502. Tax discrimination against motor carrier

19 transportation property

20 ‘‘(a) In this section—

21 ‘‘(1) ‘assessment’ means valuation for a property

22 tax levied by a taxing district;

23 ‘‘(2) ‘assessment jurisdiction’ means a geographi24 cal area in a State used in determining the assessed

25 value of property for ad valorem taxation;
189

HR 2539 EAS

1 ‘‘(3) ‘motor carrier transportation property’

2 means property, as defined by the Secretary of Trans3 portation, owned or used by a motor carrier provid4 ing transportation in interstate commerce whether or

5 not such transportation is subject to jurisdiction

6 under subchapter I of chapter 135 of this title; and

7 ‘‘(4) ‘commercial and industrial property’ means

8 property, other than transportation property and

9 land used primarily for agricultural purposes or tim10 ber growing, devoted to a commercial or industrial

11 use and subject to a property tax levy.

12 ‘‘(b) The following acts unreasonably burden and dis13 criminate against interstate commerce and a State, sub14 division of a State, or authority acting for a State or sub15 division of a State may not do any of them:

16 ‘‘(1) Assess motor carrier transportation prop17 erty at a value that has a higher ratio to the true

18 market value of the motor carrier transportation

19 property than the ratio that the assessed value of

20 other commercial and industrial property in the same

21 assessment jurisdiction has to the true market value

22 of the other commercial and industrial property.

23 ‘‘(2) Levy or collect a tax on an assessment that

24 may not be made under paragraph (1) of this sub25 section.
190

HR 2539 EAS

1 ‘‘(3) Levy or collect an ad valorem property tax

2 on motor carrier transportation property at a tax

3 rate that exceeds the tax rate applicable to commer4 cial and industrial property in the same assessment

5 jurisdiction.

6 ‘‘(c) Notwithstanding section 1341 of title 28 and with7 out regard to the amount in controversy or citizenship of

8 the parties, a district court of the United States has juris9 diction, concurrent with other jurisdiction of courts of the

10 United States and the States, to prevent a violation of sub11 section (b) of this section. Relief may be granted under this

12 subsection only if the ratio of assessed value to true market

13 value of motor carrier transportation property exceeds by

14 at least 5 percent, the ratio of assessed value to true market

15 value of other commercial and industrial property in the

16 same assessment jurisdiction. The burden of proof in deter17 mining assessed value and true market value is governed

18 by State law. If the ratio of the assessed value of other com19 mercial and industrial property in the assessment jurisdic20 tion to the true market value of all other commercial and

21 industrial property cannot be determined to the satisfaction

22 of the district court through the random-sampling method

23 known as a sales assessment ratio study (to be carried out

24 under statistical principles applicable to such a study), the

25 court shall find, as a violation of this section—
191

HR 2539 EAS

1 ‘‘(1) an assessment of the motor carrier transpor2 tation property at a value that has a higher ratio to

3 the true market value of the motor carrier transpor4 tation property than the assessment value of all other

5 property subject to a property tax levy in the assess6 ment jurisdiction has to the true market value of all

7 such other property; and

8 ‘‘(2) the collection of ad valorem property tax on

9 the motor carrier transportation property at a tax

10 rate that exceeds the tax ratio rate applicable to tax11 able property in the taxing district.

12 ‘‘§ 14503. Withholding State and local income tax by

13 certain carriers

14 ‘‘(a)(1) No part of the compensation paid by a motor

15 carrier providing transportation subject to jurisdiction

16 under subchapter I of chapter 135 of this title or by a motor

17 private carrier to an employee who performs regularly as18 signed duties in 2 or more States as such an employee with

19 respect to a motor vehicle shall be subject to the income tax

20 laws of any State or subdivision of that State, other than

21 the State or subdivision thereof of the employee’s residence.

22 ‘‘(2) In this subsection ‘employee’ has the meaning

23 given such term in section 31132 of this title.

24 ‘‘(b)(1) In this subsection, an employee is deemed to

25 have earned more than 50 percent of pay in a State or
192

HR 2539 EAS

1 subdivision of that State in which the time worked by the

2 employee in the State or subdivision is more than 50 per3 cent of the total time worked by the employee while em4 ployed during the calendar year.

5 ‘‘(2) A water carrier providing transportation subject

6 to the jurisdiction of the Secretary of Transportation under

7 subchapter II of chapter 135 of this title shall file income

8 tax information returns and other reports only with—

9 ‘‘(A) the State and subdivision of residence of the

10 employee (as shown on the employment records of the

11 carrier); and

12 ‘‘(B) the State and subdivision in which the em13 ployee earned more than 50 percent of the pay re14 ceived by the employee from the carrier during the

15 preceding calendar year.

16 ‘‘(3) This subsection applies to pay of a master, officer,

17 or sailor who is a member of the crew on a vessel engaged

18 in foreign, coastwise, intercoastal or noncontiguous trade

19 or in the fisheries of the United States.

20 ‘‘(c) A motor and motor private carrier withholding

21 pay from an employee under subsection (a) of this section

22 shall file income tax information returns and other reports

23 only with the State and subdivision of residence of the em24 ployee.
193

HR 2539 EAS

1 ‘‘§ 14504. State tax

2 ‘‘A State or political subdivision thereof may not col3 lect or levy a tax, fee, head charge, or other charge on—

4 ‘‘(1) a passenger traveling in interstate com5 merce by motor carrier;

6 ‘‘(2) the transportation of a passenger traveling

7 in interstate commerce by motor carrier;

8 ‘‘(3) the sale of passenger transportation in

9 interstate commerce by motor carrier; or

10 ‘‘(4) the gross receipts derived from such trans11 portation.

12 ‘‘§ 14505. Single State registration system

13 ‘‘(a) DEFINITIONS.—In this section, the terms ‘stand14 ards’ and ‘amendments to standards’ mean the specification

15 of forms and procedures required by regulations of the Sec16 retary to prove the lawfulness of transportation by motor

17 carrier referred to in section 13501.

18 ‘‘(b) GENERAL RULE.—The requirement of a State

19 that a motor carrier, providing transportation subject to

20 jurisdiction under subchapter I of chapter 135 and provid21 ing transportation in that State, must register with the

22 State is not an unreasonable burden on transportation re23 ferred to in section 13501 when the State registration is

24 completed under standards of the Secretary under sub25 section (c). When a State registration requirement imposes
194

HR 2539 EAS

1 obligations in excess of the standards of the Secretary, the

2 part in excess is an unreasonable burden.

3 ‘‘(c) SINGLE STATE REGISTRATION SYSTEM.—

4 ‘‘(1) IN GENERAL.—The Secretary shall main5 tain standards for implementing a system under

6 which—

7 ‘‘(A) a motor carrier is required to register

8 annually with only one State by providing evi9 dence of its Federal registration under chapter

10 139;

11 ‘‘(B) the State of registration shall fully

12 comply with standards prescribed under this sec13 tion; and

14 ‘‘(C) such single State registration shall be

15 deemed to satisfy the registration requirements of

16 all other States.

17 ‘‘(2) SPECIFIC REQUIREMENTS.—

18 ‘‘(A) EVIDENCE OF CERTIFICATE; PROOF OF

19 INSURANCE; PAYMENT OF FEES.—Under the

20 standards of the Secretary implementing the sin21 gle State registration system described in para22 graph (1) of this subsection, only a State acting

23 in its capacity as registration State under such

24 single State system may require a motor carrier
195

HR 2539 EAS

1 holding a certificate or permit issued under this

2 part—

3 ‘‘(i) to file and maintain evidence of

4 such certificate or permit;

5 ‘‘(ii) to file satisfactory proof of re6 quired insurance or qualification as a self7 insurer;

8 ‘‘(iii) to pay directly to such State fee

9 amounts in accordance with the fee system

10 established under subparagraph (B)(iv) of

11 this paragraph, subject to allocation of fee

12 revenues among all States in which the car13 rier operates and which participate in the

14 single State registration system; and

15 ‘‘(iv) to file the name of a local agent

16 for service of process.

17 ‘‘(B) RECEIPTS; FEE SYSTEM.—The stand18 ards of the Secretary—

19 ‘‘(i) shall require that the registration

20 State issue a receipt, in a form, reflecting

21 that the carrier has filed proof of insurance

22 as provided under subparagraph (A)(ii) of

23 this subsection and has paid fee amounts in

24 accordance with the fee system established

25 under clause (iv) of this subparagraph;
196

HR 2539 EAS

1 ‘‘(ii) shall require that copies of the re2 ceipt issued under clause (i) of this para3 graph be kept in each of the carrier’s com4 mercial motor vehicles;

5 ‘‘(iii) shall not require decals, stamps,

6 cab cards, or any other means of registering

7 or identifying specific vehicles operated by

8 the carrier;

9 ‘‘(iv) shall establish a fee system for the

10 filing of proof of insurance as provided

11 under subparagraph (A)(ii) of this sub12 section that—

13 ‘‘(i) is based on the number of commer14 cial motor vehicles the carrier operates in a

15 State and on the number of States in which

16 the carrier operates,

17 ‘‘(ii) minimizes the costs of complying

18 with the registration system, and

19 ‘‘(iii) results in a fee for each partici20 pating State that is equal to the fee, not to

21 exceed $10 per vehicle, that such State col22 lected or charged as of November 15, 1991;

23 and

24 ‘‘(v) shall not authorize the charging or

25 collection of any fee for filing and main-
197

HR 2539 EAS

1 taining a certificate or permit under sub2 paragraph (A)(i) of this paragraph.

3 ‘‘(C) PROHIBITED FEES.—The charging or

4 collection of any fee under this section that is not

5 in accordance with the fee system established

6 under subparagraph (B)(iv) of this paragraph

7 shall be deemed to be a burden on interstate com8 merce.

9 ‘‘(D) LIMITATION ON PARTICIPATION BY

10 STATES.—Only a State which, as of January 1,

11 1991, charged or collected a fee for a vehicle

12 identification stamp or number under part 1023

13 of title 49, Code of Federal Regulations, shall be

14 eligible to participate as a registration State

15 under this subsection or to receive any fee reve16 nue under this subsection.

17 ‘‘CHAPTER 147—ENFORCEMENT;

18 INVESTIGATIONS; RIGHTS; REMEDIES

19 ‘‘§ 14701. General authority

20 ‘‘(a) The Secretary of Transportation or the Inter21 modal Surface Transportation Board, as applicable, may

22 begin an investigation under this part on the Secretary’s

23 or the Transportation Board’s own initiative or on com24 plaint. If the Secretary or Transportation Board, as appli25 cable finds that a carrier or broker is violating this part,
198

HR 2539 EAS

1 the Secretary or Transportation Board, as applicable, shall

2 take appropriate action to compel compliance with this

3 part. If the Secretary finds that a foreign motor carrier

4 or foreign motor private carrier is violating chapter 139

5 of this title, the Secretary shall take appropriate action to

6 compel compliance with that chapter. The Secretary or

7 Transportation Board, as applicable, may take action

8 under this subsection only after giving the carrier or broker

9 notice of the investigation and an opportunity for a pro10 ceeding.

11 ‘‘(b) A person, including a governmental authority,

12 may file with the Secretary or Transportation Board, as

13 applicable, a complaint about a violation of this part by

14 a carrier providing, or broker for, transportation or service

15 subject to jurisdiction under this part or a foreign motor

16 carrier or foreign motor private carrier providing transpor17 tation registered under section 13902 of this title. The com18 plaint must state the facts that are the subject of the viola19 tion. The Secretary or Transportation Board, as applicable,

20 may dismiss a complaint that it determines does not state

21 reasonable grounds for investigation and action.

22 ‘‘(c) A formal investigative proceeding begun by the

23 Secretary or Transportation Board under subsection (a) of

24 this section is dismissed automatically unless it is con-
199

HR 2539 EAS

1 cluded with administrative finality by the end of the third

2 year after the date on which it was begun.

3 ‘‘§ 14702. Enforcement by the regulatory authority

4 ‘‘(a) The Secretary of Transportation or the Inter5 modal Surface Transportation Board, as applicable, may

6 bring a civil action—

7 ‘‘(1) to enforce section 14103 of this title; or

8 ‘‘(2) to enforce this part, or a regulation or order

9 of the Secretary or Transportation Board, as applica10 ble, when violated by a carrier or broker providing

11 transportation or service subject to jurisdiction under

12 subchapter I or III of chapter 135 of this title or by

13 a foreign motor carrier or foreign motor private car14 rier providing transportation registered under section

15 13902 of this title.

16 ‘‘(b) In a civil action under subsection (a)(2) of this

17 section—

18 ‘‘(1) trial is in the judicial district in which the

19 carrier, foreign motor carrier, foreign motor private

20 carrier, or broker operates;

21 ‘‘(2) process may be served without regard to the

22 territorial limits of the district or of the State in

23 which the action is instituted; and
200

HR 2539 EAS

1 ‘‘(3) a person participating with a carrier or

2 broker in a violation may be joined in the civil action

3 without regard to the residence of the person.

4 ‘‘(c) The Transportation Board, through its own attor5 neys, may bring or participate in any civil action involv6 ing motor carrier undercharges.

7 ‘‘§ 14703. Enforcement by the Attorney General

8 ‘‘The Attorney General may, and on request of either

9 the Secretary of Transportation or Intermodal Surface

10 Transportation Board shall, bring court proceedings (1) to

11 enforce this part or a regulation or order of the Secretary

12 or Transportation Board or terms of registration under this

13 part and (2) to prosecute a person violating this part or

14 a regulation or order of the Secretary or Transportation

15 Board or term of registration under this part.

16 ‘‘§ 14704. Rights and remedies of persons injured by

17 carriers or brokers

18 ‘‘(a) A person injured because a carrier or broker pro19 viding transportation or service subject to jurisdiction

20 under chapter 135 of this title does not obey an order of

21 the Secretary of Transportation or the Intermodal Surface

22 Transportation Board, as applicable, under this part, ex23 cept an order for the payment of money, may bring a civil

24 action to enforce that order under this subsection.
201

HR 2539 EAS

1 ‘‘(b)(1) A carrier providing transportation or service

2 subject to jurisdiction under chapter 135 of this title is lia3 ble to a person for amounts charged that exceed the applica4 ble rate for transportation or service contained in a tariff

5 filed under section 13702 of this title.

6 ‘‘(2) A carrier or broker providing transportation or

7 service subject to jurisdiction under chapter 135 of this title

8 is liable for damages sustained by a person as a result of

9 an act or omission of that carrier or broker in violation

10 of this part.

11 ‘‘(c)(1) A person may file a complaint with the Trans12 portation Board or the Secretary, as applicable, under sec13 tion 14701(b) of this title or bring a civil action under sub14 section (b) (1) or (2) of this section to enforce liability

15 against a carrier or broker providing transportation or

16 service subject to jurisdiction under chapter 135 of this title.

17 ‘‘(2) When the Transportation Board or Secretary, as

18 applicable, makes an award under subsection (b) of this sec19 tion, the Transportation Board or Secretary, as applicable,

20 shall order the carrier to pay the amount awarded by a

21 specific date. The Transportation Board or Secretary, as

22 applicable, may order a carrier or broker providing trans23 portation or service subject to jurisdiction under chapter

24 135 of this title to pay damages only when the proceeding

25 is on complaint. The person for whose benefit an order of
202

HR 2539 EAS

1 the Transportation Board or Secretary requiring the pay2 ment of money is made may bring a civil action to enforce

3 that order under this paragraph if the carrier or broker

4 does not pay the amount awarded by the date payment was

5 ordered to be made.

6 ‘‘(d)(1) When a person begins a civil action under sub7 section (b) of this section to enforce an order of the Trans8 portation Board or Secretary requiring the payment of

9 damages by a carrier or broker providing transportation

10 or service subject to jurisdiction under chapter 135 of this

11 title, the text of the order of the Transportation Board or

12 Secretary must be included in the complaint. In addition

13 to the district courts of the United States, a State court

14 of general jurisdiction having jurisdiction of the parties has

15 jurisdiction to enforce an order under this paragraph. The

16 findings and order of the Transportation Board or Sec17 retary are competent evidence of the facts stated in them.

18 Trial in a civil action brought in a district court of the

19 United States under this paragraph is in the judicial dis20 trict in which the plaintiff resides or in which the principal

21 operating office of the carrier or broker is located. In a civil

22 action under this paragraph, the plaintiff is liable for only

23 those costs that accrue on an appeal taken by the plaintiff.

24 ‘‘(2) All parties in whose favor the award was made

25 may be joined as plaintiffs in a civil action brought in a
203

HR 2539 EAS

1 district court of the United States under this subsection and

2 all the carriers that are parties to the order awarding dam3 ages may be joined as defendants. Trial in the action is

4 in the judicial district in which any one of the plaintiffs

5 could bring the action against any one of the defendants.

6 Process may be served on a defendant at its principal oper7 ating office when that defendant is not in the district in

8 which the action is brought. A judgment ordering recovery

9 may be made in favor of any of those plaintiffs against

10 the defendant found to be liable to that plaintiff.

11 ‘‘(3) The district court shall award a reasonable attor12 ney’s fee as a part of the damages for which a carrier or

13 broker is found liable under this subsection. The district

14 court shall tax and collect that fee as a part of the costs

15 of the action.

16 ‘‘§ 14705. Limitation on actions by and against car17 riers

18 ‘‘(a) A carrier providing transportation or service sub19 ject to jurisdiction under chapter 135 of this title must

20 begin a civil action to recover charges for transportation

21 or service provided by the carrier within 18 months after

22 the claim accrues.

23 ‘‘(b) A person must begin a civil action to recover over24 charges within 18 months after the claim accrues. If the

25 claim is against a carrier providing transportation subject
204

HR 2539 EAS

1 to jurisdiction under chapter 135 of this title and an elec2 tion to file a complaint with the Intermodal Surface Trans3 portation Board or Secretary of Transportation, as appli4 cable, is made under section 14704(c)(1), the complaint

5 must be filed within 3 years after the claim accrues.

6 ‘‘(c) A person must file a complaint with the Trans7 portation Board or Secretary, as applicable, to recover

8 damages under section 14704(b)(2) of this title within 2

9 years after the claim accrues.

10 ‘‘(d) The limitation periods under subsection (b) of this

11 section are extended for 6 months from the time written

12 notice is given to the claimant by the carrier of disallow13 ance of any part of the claim specified in the notice if a

14 written claim is given to the carrier within those limitation

15 periods. The limitation periods under subsection (b) of this

16 section and the 2-year period under subsection (c) of this

17 section are extended for 90 days from the time the carrier

18 begins a civil action under subsection (a) of this section

19 to recover charges related to the same transportation or

20 service, or collects (without beginning a civil action under

21 that subsection) the charge for that transportation or service

22 if that action is begun or collection is made within the ap23 propriate period.

24 ‘‘(e) A person must begin a civil action to enforce an

25 order of the Transportation Board or Secretary against a
205

HR 2539 EAS

1 carrier for the payment of money within one year after the

2 date the order required the money to be paid.

3 ‘‘(f) This section applies to transportation for the

4 United States Government. The time limitations under this

5 section are extended, as related to transportation for or on

6 behalf of the United States Government, for 3 years from

7 the date of (1) payment of the rate for the transportation

8 or service involved, (2) subsequent refund for overpayment

9 of that rate, or (3) deduction made under section 3726 of

10 title 31, whichever is later.

11 ‘‘(g) A claim related to a shipment of property accrues

12 under this section on delivery or tender of delivery by the

13 carrier.

14 ‘‘§ 14706. Liability of carriers under receipts and bills

15 of lading

16 ‘‘(a)(1) A carrier providing transportation or service

17 subject to jurisdiction under subchapter I or III of chapter

18 135 of this title shall issue a receipt or bill of lading for

19 property it receives for transportation under this part. That

20 carrier and any other carrier that delivers the property and

21 is providing transportation or service subject to jurisdiction

22 under subchapter I or III of chapter 135 or chapter 105

23 of this title are liable to the person entitled to recover under

24 the receipt or bill of lading. The liability imposed under

25 this paragraph is for the actual loss or injury to the prop-
206

HR 2539 EAS

1 erty caused by (1) the receiving carrier, (2) the delivering

2 carrier, or (3) another carrier over whose line or route the

3 property is transported in the United States or from a place

4 in the United States to a place in an adjacent foreign coun5 try when transported under a through bill of lading and,

6 except in the case of a freight forwarder, applies to property

7 reconsigned or diverted under a tariff filed under section

8 13702 of this title. Failure to issue a receipt or bill of lading

9 does not affect the liability of a carrier. A delivering carrier

10 is deemed to be the carrier performing the line-haul trans11 portation nearest the destination but does not include a car12 rier providing only a switching service at the destination.

13 ‘‘(2) A freight forwarder is both the receiving and de14 livering carrier. When a freight forwarder provides service

15 and uses a motor carrier providing transportation subject

16 to jurisdiction under subchapter I of chapter 135 of this

17 title to receive property from a consignor, the motor carrier

18 may execute the bill of lading or shipping receipt for the

19 freight forwarder with its consent. With the consent of the

20 freight forwarder, a motor carrier may deliver property for

21 a freight forwarder on the freight forwarder’s bill of lading,

22 freight bill, or shipping receipt to the consignee named in

23 it, and receipt for the property may be made on the freight

24 forwarder’s delivery receipt.
207

HR 2539 EAS

1 ‘‘(b) The carrier issuing the receipt or bill of lading

2 under subsection (a) of this section or delivering the prop3 erty for which the receipt or bill of lading was issued is

4 entitled to recover from the carrier over whose line or route

5 the loss or injury occurred the amount required to be paid

6 to the owners of the property, as evidenced by a receipt,

7 judgment, or transcript, and the amount of its expenses rea8 sonably incurred in defending a civil action brought by that

9 person.

10 ‘‘(c)(1) A carrier may limit liability imposed under

11 subsection (a) by establishing rates for the transportation

12 of property (other than household goods) under which the

13 liability of the carrier for such property is limited to a

14 value established by written or electronic declaration of the

15 shipper or by a mutual written agreement between the car16 rier and shipper.

17 ‘‘(2) If loss or injury to property occurs while it is

18 in the custody of a water carrier, the liability of that carrier

19 is determined by its bill of lading and the law applicable

20 to water transportation. The liability of the initial or deliv21 ering carrier is the same as the liability of the water car22 rier.

23 ‘‘(d)(1) A civil action under this section may be

24 brought against a delivering carrier (other than a rail car25 rier) in a district court of the United States or in a State
208

HR 2539 EAS

1 court. Trial, if the action is brought in a district court of

2 the United States is in a judicial district, and if in a State

3 court, is in a State through which the defendant carrier

4 operates.

5 ‘‘(2)(A) A civil action under this section may be

6 brought against the carrier alleged to have caused the loss

7 or damage, in the judicial district in which such loss or

8 damage is alleged to have occurred.

9 ‘‘(B) A civil action under this section may be brought

10 in a United States district court or in a State court.

11 ‘‘(C) In this section, ‘judicial district’ means (i) in the

12 case of a United States district court, a judicial district

13 of the United States, and (ii) in the case of a State court,

14 the applicable geographic area over which such court exer15 cises jurisdiction.

16 ‘‘(e) A carrier may not provide by rule, contract, or

17 otherwise, a period of less than 9 months for filing a claim

18 against it under this section and a period of less than 2

19 years for bringing a civil action against it under this sec20 tion. The period for bringing a civil action is computed

21 from the date the carrier gives a person written notice that

22 the carrier has disallowed any part of the claim specified

23 in the notice. For the purposes of this subsection—

24 ‘‘(1) an offer of compromise shall not constitute

25 a disallowance of any part of the claim unless the
209

HR 2539 EAS

1 carrier, in writing, informs the claimant that such

2 part of the claim is disallowed and provides reasons

3 for such disallowance; and

4 ‘‘(2) communications received from a carrier’s

5 insurer shall not constitute a disallowance of any

6 part of the claim unless the insurer, in writing, in7 forms the claimant that such part of the claim is dis8 allowed, provides reason for such disallowance, and

9 informs the claimant that the insurer is acting on be10 half of the carrier.

11 ‘‘(f) A carrier or group of carriers subject to jurisdic12 tion under subchapter I or III of chapter 135 of this title

13 may petition the Transportation Board to modify, elimi14 nate, or establish rates for the transportation of household

15 goods under which the liability of the carrier for that prop16 erty is limited to a value established by written declaration

17 of the shipper or by a written agreement.

18 ‘‘(g) Within one year after enactment of the Interstate

19 Commerce Commission Sunset Act of 1995, the Secretary

20 shall deliver to the appropriate Congressional authorizing

21 committees a report on the benefit of revising or modifying

22 the terms or applicability of this section, together with any

23 proposed legislation to implement the study’s recommenda24 tions, if any.
210

HR 2539 EAS

1 ‘‘§ 14707. Private enforcement of registration require2 ment

3 ‘‘(a) If a person provides transportation by motor ve4 hicle or service in clear violation of section 13901–13904

5 or 13906 of this title, a person injured by the transportation

6 or service may bring a civil action to enforce any such sec7 tion. In a civil action under this subsection, trial is in the

8 judicial district in which the person who violated that sec9 tion operates.

10 ‘‘(b) A copy of the complaint in a civil action under

11 subsection (a) of this section shall be served on the Secretary

12 of Transportation and a certificate of service must appear

13 in the complaint filed with the court. The Secretary may

14 intervene in a civil action under subsection (a) of this sec15 tion. The Secretary may notify the district court in which

16 the action is pending that the Secretary intends to consider

17 the matter that is the subject of the complaint in a proceed18 ing before the Secretary. When that notice is filed, the court

19 shall stay further action pending disposition of the proceed20 ing before the Secretary.

21 ‘‘(c) In a civil action under subsection (a) of this sec22 tion, the court may determine the amount of and award

23 a reasonable attorney’s fee to the prevailing party. That fee

24 is in addition to costs allowable under the Federal Rules

25 of Civil Procedure.
211

HR 2539 EAS

1 ‘‘§ 14708. Dispute settlement program for household

2 goods carriers

3 ‘‘(a)(1) As a condition of registration under section

4 13902 or 13903 of this title, a carrier providing transpor5 tation of household goods subject to jurisdiction under sub6 chapter I or III of chapter 135 of this title must agree to

7 offer to shippers neutral arbitration as a means of settling

8 disputes between such carriers and shippers of household

9 goods concerning the transportation of household goods.

10 ‘‘(b)(1) The arbitration that is offered must be designed

11 to prevent a carrier from having any special advantage in

12 any case in which the claimant resides or does business at

13 a place distant from the carrier’s principal or other place

14 of business.

15 ‘‘(2) The carrier must provide the shipper an adequate

16 notice of the availability of neutral arbitration, including

17 a concise easy-to-read, accurate summary of the arbitration

18 procedure and disclosure of the legal effects of election to

19 utilize arbitration. Such notice must be given to persons

20 for whom household goods are to be transported by the car21 rier before such goods are tendered to the carrier for trans22 portation.

23 ‘‘(3) Upon request of a shipper, the carrier must

24 promptly provide such forms and other information as are

25 necessary for initiating an action to resolve a dispute under

26 arbitration.
212

HR 2539 EAS

1 ‘‘(4) Each person authorized to arbitrate or otherwise

2 settle disputes must be independent of the parties to the dis3 pute and must be capable, as determined under such regula4 tions as the Secretary of Transportation may issue, to re5 solve such disputes fairly and expeditiously. The carrier

6 must ensure that each person chosen to settle the disputes

7 is authorized and able to obtain from the shipper or carrier

8 any material and relevant information to the extent nec9 essary to carry out a fair and expeditious decision making

10 process.

11 ‘‘(5) No fee for instituting an arbitration proceeding

12 may be charged the shipper; except that, if the arbitration

13 is binding solely on the carrier, the shipper may be charged

14 a fee of not more than $25 for instituting an arbitration

15 proceeding. In any case in which a shipper is charged a

16 fee under this paragraph for instituting an arbitration pro17 ceeding and such dispute is settled in favor of the shipper,

18 the person settling the dispute must refund such fee to the

19 shipper unless the person settling the dispute determines

20 that such refund is inappropriate.

21 ‘‘(6) The carrier must not require the shipper to agree

22 to utilize arbitration prior to the time that a dispute arises.

23 ‘‘(7) The arbitrator may provide for an oral presen24 tation of a dispute concerning transportation of household

25 goods by a party to the dispute (or a party’s representa-
213

HR 2539 EAS

1 tive), but such oral presentation may be made only if all

2 parties to the dispute expressly agree to such presentation

3 and the date, time, and location of such presentation.

4 ‘‘(8) The arbitrator must, as expeditiously as possible

5 but at least within 60 days of receipt of written notification

6 of the dispute, render a decision based on the information

7 gathered, except that, in any case in which a party to the

8 dispute fails to provide in a timely manner any informa9 tion concerning such dispute which the person settling the

10 dispute may reasonably require to resolve the dispute, the

11 arbitrator may extend such 60-day period for a reasonable

12 period of time. A decision resolving a dispute may include

13 any remedies appropriate under the circumstances, includ14 ing repair, replacement, refund, reimbursement for ex15 penses, and compensation for damages.

16 ‘‘(c) Materials and information obtained in the course

17 of a decision making process to settle a dispute by arbitra18 tion under this section may not be used to bring an action

19 under section 14905 of this title.

20 ‘‘(d) In any court action to resolve a dispute between

21 a shipper of household goods and a motor carrier providing

22 transportation or service subject to jurisdiction under sub23 chapter I or III of chapter 135 of this title concerning the

24 transportation of household goods by such carrier, the ship25 per shall be awarded reasonable attorney’s fees if—
214

HR 2539 EAS

1 ‘‘(1) the shipper submits a claim to the carrier

2 within 120 days after the date the shipment is deliv3 ered or the date the delivery is scheduled, whichever

4 is later;

5 ‘‘(2) the shipper prevails in such court action;

6 and

7 ‘‘(3)(A) a decision resolving the dispute was not

8 rendered through arbitration under this section with9 in the period provided under subsection (b)(8) of this

10 section or an extension of such period under such sub11 section; or

12 ‘‘(B) the court proceeding is to enforce a decision

13 rendered through arbitration under this section and is

14 instituted after the period for performance under such

15 decision has elapsed.

16 ‘‘(e) In any court action to resolve a dispute between

17 a shipper of household goods and a carrier providing trans18 portation, or service subject to jurisdiction under sub19 chapter I or III of chapter 135 of this title concerning the

20 transportation of household goods by such carrier, such car21 rier may be awarded reasonable attorney’s fees by the court

22 only if the shipper brought such action in bad faith—

23 ‘‘(1) after resolution of such dispute through ar24 bitration under this section; or
215

HR 2539 EAS

1 ‘‘(2) after institution of an arbitration proceed2 ing by the shipper to resolve such dispute under this

3 section but before (A) the period provided under sub4 section (b)(8) for resolution of such dispute (includ5 ing, if applicable, an extension of such period under

6 such subsection) ends, and (B) a decision resolving

7 such dispute is rendered.

8 ‘‘(f) The provisions of this section shall apply only in

9 the case of collect-on-delivery transportation of those types

10 of household goods described in section 13102(9)(A) of this

11 title.

12 ‘‘§ 14709. Tariff reconciliation rules for motor carriers

13 of property

14 ‘‘Subject to review and approval by the Intermodal

15 Surface Transportation Board, motor carriers subject to ju16 risdiction under subchapter I of chapter 135 of this title

17 (other than motor carriers providing transportation of

18 household goods) and shippers may resolve, by mutual con19 sent, overcharge and under-charge claims resulting from in20 correct tariff provisions or billing errors arising from the

21 inadvertent failure to properly and timely file and main22 tain agreed upon rates, rules, or classifications in compli23 ance with section 13702 of this part or sections 10761 and

24 10762 of this title prior to the effective date of the Interstate

25 Commerce Commission Sunset Act of 1995. Resolution of
216

HR 2539 EAS

1 such claims among the parties shall not subject any party

2 to the penalties for departing from a filed tariff.

3 ‘‘CHAPTER 149—CIVIL AND CRIMINAL PENALTIES

4 ‘‘§ 14901. General civil penalties

5 ‘‘(a) A person required to make a report to the Sec6 retary of Transportation or to the Intermodal Surface

7 Transportation Board, answer a question, or make, pre8 pare, or preserve a record under this part concerning trans9 portation subject to jurisdiction under subchapter I or III

10 of chapter 135 of this title or transportation by a foreign

11 carrier registered under section 13902 of this title, or an

12 officer, agent, or employee of that person that (1) does not

13 make the report, (2) does not specifically, completely, and

14 truthfully answer the question, (3) does not make, prepare,

15 or preserve the record in the form and manner prescribed,

16 (4) does not comply with section 13901 of this title, or (5)

17 does not comply with section 13902(c) of this title is liable

18 to the United States Government for a civil penalty of not

19 less than $500 for each violation and for each additional

20 day the violation continues; except that, in the case of a

21 person who does not have authority under this part to pro22 vide transportation of passengers, or an officer, agent, or

23 employee of such person, that does not comply with section

24 13901 of this title with respect to providing transportation

25 of passengers, the amount of the civil penalty shall not be
217

HR 2539 EAS

1 less than $2,000 for each violation and for each additional

2 day the violation continues.

3 ‘‘(b) A person subject to jurisdiction under subchapter

4 I of chapter 135 of this title, or an officer, agent, or em5 ployee of that person, and who is required to comply with

6 section 13901 of this title but does not so comply with re7 spect to the transportation of hazardous wastes as defined

8 by the Environmental Protection Agency pursuant to sec9 tion 3001 of the Solid Waste Disposal Act (but not includ10 ing any waste the regulation of which under the Solid

11 Waste Disposal Act has been suspended by Congress) shall

12 be liable to the United States for a civil penalty not to ex13 ceed $20,000 for each violation.

14 ‘‘(c) In determining and negotiating the amount of a

15 civil penalty under subsection (a) or (d) concerning trans16 portation of household goods, the degree of culpability, any

17 history of prior such conduct, the degree of harm to shipper

18 or shippers, ability to pay, the effect on ability to do busi19 ness, whether the shipper has been adequately compensated

20 before institution of the proceeding, and such other matters

21 as fairness may require shall be taken into account.

22 ‘‘(d) If a carrier providing transportation of household

23 goods subject to jurisdiction under subchapter I or III of

24 chapter 135 of this title or a receiver or trustee of such car25 rier fails or refuses to comply with any regulation issued
218

HR 2539 EAS

1 by the Secretary or the Transportation Board relating to

2 protection of individual shippers, such carrier, receiver, or

3 trustee is liable to the United States for a civil penalty of

4 not less than $1,000 for each violation and for each addi5 tional day during which the violation continues.

6 ‘‘(e) Any person that knowingly engages in or know7 ingly authorizes an agent or other person (1) to falsify doc8 uments used in the transportation of household goods subject

9 to jurisdiction under subchapter I or III of chapter 135 of

10 this title which evidence the weight of a shipment, or (2)

11 to charge for accessorial services which are not performed

12 or for which the carrier is not entitled to be compensated

13 in any case in which such services are not reasonably nec14 essary in the safe and adequate movement of the shipment,

15 is liable to the United States for a civil penalty of not less

16 than $2,000 for each violation and of not less than $5,000

17 for each subsequent violation. Any State may bring a civil

18 action in the United States district courts to compel a per19 son to pay a civil penalty assessed under this subsection.

20 ‘‘(f) A person, or an officer, employee, or agent of that

21 person, that knowingly pays accepts, or solicits a reduced

22 rate or rates in violation of the regulations issued under

23 section 13707 of this title is liable to the injured party or

24 the United States for a civil penalty of not less than $5,000
219

HR 2539 EAS

1 and not more than $10,000 plus 3 times the amount of

2 damages which a party incurs because of such violation.

3 ‘‘(g) Trial in a civil action under subsections (a)

4 through (f) of this section is in the judicial district in which

5 (1) the carrier or broker has its principal office, (2) the

6 carrier or broker was authorized to provide transportation

7 or service under this part when the violation occurred, (3)

8 the violation occurred, or (4) the offender is found. Process

9 in the action may be served in the judicial district of which

10 the offender is an inhabitant or in which the offender may

11 be found.

12 ‘‘§ 14902. Civil penalty for accepting rebates from

13 carrier

14 ‘‘A person—

15 ‘‘(1) delivering property to a carrier providing

16 transportation or service subject to jurisdiction under

17 chapter 135 of this title for transportation under this

18 part or for whom that carrier will transport the prop19 erty as consignor or consignee for that person from a

20 State or territory or possession of the United States

21 to another State or possession, territory, or to a for22 eign country; and

23 ‘‘(2) knowingly accepting or receiving by any

24 means a rebate or offset against the rate for transpor-
220

HR 2539 EAS

1 tation for, or service of, that property contained in a

2 tariff required under section 13702 of this title,

3 is liable to the United States Government for a civil penalty

4 in an amount equal to 3 times the amount of money that

5 person accepted or received as a rebate or offset and 3 times

6 the value of other consideration accepted or received as a

7 rebate or offset. In a civil action under this section, all

8 money or other consideration received by the person during

9 a period of 6 years before an action is brought under this

10 section may be included in determining the amount of the

11 penalty, and if that total amount is included, the penalty

12 shall be 3 times that total amount.

13 ‘‘§ 14903. Tariff violations

14 ‘‘(a) A person that knowingly offers, grants, gives, so15 licits, accepts, or receives by any means transportation or

16 service provided for property by a carrier subject to juris17 diction under chapter 135 of this title at less than the rate

18 in effect under section 13702 of this title shall be fined at

19 least $1,000 but not more than $20,000, imprisoned for not

20 more than 2 years, or both.

21 ‘‘(b) A carrier providing transportation or service sub22 ject to jurisdiction under chapter 135 of this title or an

23 officer, director, receiver, trustee, lessee, agent, or employee

24 of a corporation that is subject to jurisdiction under that

25 chapter, that willfully does not observe its tariffs as required
221

HR 2539 EAS

1 under section 13702 of this title, shall be fined at least

2 $1,000 but not more than $20,000, imprisoned for not more

3 than 2 years, or both.

4 ‘‘(c) When acting in the scope of their employment, the

5 actions and omissions of persons acting for or employed by

6 a carrier or shipper that is subject to subsection (a) or (b)

7 of this section are considered to be the actions and omissions

8 of that carrier or shipper as well as that person.

9 ‘‘(d) Trial in a criminal action under this section is

10 in the judicial district in which any part of the violation

11 is committed or through which the transportation is con12 ducted.

13 ‘‘§ 14904. Additional rate violations

14 ‘‘(a) A person, or an officer, employee, or agent of that

15 person, that—

16 ‘‘(1) knowingly offers, grants, gives, solicits, ac17 cepts, or receives a rebate for concession, in violation

18 of a provision of this part related to motor carrier

19 transportation subject to jurisdiction under sub20 chapter I of chapter 135 of this title; or

21 ‘‘(2) by any means knowingly and willfully as22 sists or permits another person to get transportation

23 that is subject to jurisdiction under that subchapter

24 at less than the rate in effect for that transportation

25 under section 13702 of this title,
222

HR 2539 EAS

1 shall be fined at least $200 for the first violation and at

2 least $250 for a subsequent violation.

3 ‘‘(b)(1) A freight forwarder providing service subject

4 to jurisdiction under subchapter III of chapter 135 of this

5 title, or an officer, agent, or employee of that freight for6 warder, that knowingly and willfully assists a person in

7 getting, or willingly permits a person to get, service pro8 vided under that subchapter at less than the rate in effect

9 for that service under section 13702 of this title, shall be

10 fined not more than $500 for the first violation and not

11 more than $2,000 for a subsequent violation.

12 ‘‘(2) A person that knowingly and willfully by any

13 means gets, or attempts to get, service provided under sub14 chapter III of chapter 135 of this title at less than the rate

15 in effect for that service under section 13702 of this title,

16 shall be fined not more than $500 for the first violation

17 and not more than $2,000 for a subsequent violation.

18 ‘‘§ 14905. Penalties for violations of rules relating to

19 loading and unloading motor vehicles

20 ‘‘(a) Any person who knowingly authorizes, consents

21 to, or permits a violation of subsection (a) or (b) of section

22 14103 of this title or who knowingly violates subsection (a)

23 of such section is liable to the United States Government

24 for a civil penalty of not more than $10,000 for each viola25 tion.
223

HR 2539 EAS

1 ‘‘(b) Any person who knowingly violates section

2 14103(b) of this title shall be fined not more than $10,000,

3 imprisoned for not more than 2 years, or both.

4 ‘‘§ 14906. Evasion of regulation of carriers and bro5 kers

6 ‘‘A person, or an officer, employee, or agent of that

7 person that by any means knowingly and willfully tries to

8 evade regulation provided under this part for carriers or

9 brokers shall be fined at least $200 for the first violation

10 and at least $250 for a subsequent violation.

11 ‘‘§ 14907. Record keeping and reporting violations

12 ‘‘A person required to make a report to the Secretary

13 of Transportation or to the Intermodal Surface Transpor14 tation Board, as applicable, answer a question, or make,

15 prepare, or preserve a record under this part about trans16 portation subject to jurisdiction under subchapter I or III

17 of chapter 135 of this title, or an officer, agent, or employee

18 of that person, that (1) willfully does not make that report,

19 (2) willfully does not specifically, completely, and truthfully

20 answer that question in 30 days from the date the Secretary

21 or Transportation Board, as applicable, requires the ques22 tion to be answered, (3) willfully does not make, prepare,

23 or preserve that record in the form and manner prescribed,

24 (4) knowingly and willfully falsifies, destroys, mutilates, or

25 changes that report or record, (5) knowingly and willfully
224

HR 2539 EAS

1 files a false report or record, (6) knowingly and willfully

2 makes a false or incomplete entry in that record about a

3 business related fact or transaction, or (7) knowingly and

4 willfully makes, prepares, or preserves a record in violation

5 of an applicable regulation or order of the Secretary or

6 Transportation Board shall be fined not more than $5,000.

7 ‘‘§ 14908. Unlawful disclosure of information

8 ‘‘(a)(1) A carrier or broker providing transportation

9 subject to jurisdiction under subchapter I, II, or III of chap10 ter 135 of this title or an officer, receiver, trustee, lessee,

11 or employee of that carrier or broker, or another person au12 thorized by that carrier or broker to receive information

13 from that carrier or broker may not knowingly disclose to

14 another person, except the shipper or consignee, and another

15 person may not solicit, or knowingly receive, information

16 about the nature, kind, quantity, destination, consignee, or

17 routing of property tendered or delivered to that carrier or

18 broker for transportation provided under this part without

19 the consent of the shipper or consignee if that information

20 may be used to the detriment of the shipper or consignee

21 or may disclose improperly to a competitor the business

22 transactions of the shipper or consignee.

23 ‘‘(2) A person violating paragraph (1) of this sub24 section shall be fined not less than $2,000. Trial in a crimi-
225

HR 2539 EAS

1 nal action under this paragraph is in the judicial district

2 in which any part of the violation is committed.

3 ‘‘(b) This part does not prevent a carrier or broker pro4 viding transportation subject to jurisdiction under chapter

5 135 of this title from giving information—

6 ‘‘(1) in response to legal process issued under au7 thority of a court of the United States or a State;

8 ‘‘(2) to an officer, employee, or agent of the Unit9 ed States Government, a State, or a territory or pos10 session of the United States; or

11 ‘‘(3) to another carrier or its agent to adjust mu12 tual traffic accounts in the ordinary course of busi13 ness.

14 ‘‘§ 14909. Disobedience to subpenas

15 ‘‘A person not obeying a subpena or requirement of

16 the Secretary of Transportation or the Intermodal Surface

17 Transportation Board to appear and testify or produce

18 records shall be fined not less than $5,000, imprisoned for

19 not more than one year, or both.

20 ‘‘§ 14910. General criminal penalty when specific pen21 alty not provided

22 ‘‘When another criminal penalty is not provided under

23 this chapter, a person that knowingly and willfully violates

24 a provision of this part or a regulation or order prescribed

25 under this part, or a condition of a registration under this
226

HR 2539 EAS

1 part related to transportation that is subject to jurisdiction

2 under subchapter I or III of chapter 135 of this title or

3 a condition of a registration under section 13902 of this

4 title, shall be fined at least $500 for the first violation and

5 at least $500 for a subsequent violation. A separate viola6 tion occurs each day the violation continues.

7 ‘‘§ 14911. Punishment of corporation for violations

8 committed by certain individuals

9 ‘‘An act or omission that would be a violation of this

10 part if committed by a director, officer, receiver, trustee,

11 lessee, agent, or employee of a carrier providing transpor12 tation or service subject to jurisdiction under chapter 135

13 of this title that is a corporation is also a violation of this

14 part by that corporation. The penalties of this chapter

15 apply to that violation. When acting in the scope of their

16 employment, the actions and omissions of individuals act17 ing for or employed by that carrier are considered to be

18 the actions and omissions of that carrier as well as that

19 individual.

20 ‘‘§ 14912. Weight-bumping in household goods trans21 portation

22 ‘‘(a) For the purposes of this section, ‘weight-bumping’

23 means the knowing and willful making or securing of a

24 fraudulent weight on a shipment of household goods which
227

HR 2539 EAS

1 is subject to jurisdiction under subchapter I or III of chap2 ter 135 of this title.

3 ‘‘(b) Any individual who has been found to have com4 mitted weight-bumping shall, for each offense, be fined at

5 least $1,000 but not more than $10,000, imprisoned for not

6 more than 2 years, or both.

7 ‘‘§ 14913. Conclusiveness of rates in certain prosecu8 tions

9 ‘‘When a carrier publishes or files a particular rate

10 under section 13702 or participates in such a rate, the pub11 lished or filed rate is conclusive proof against that carrier,

12 its officers, and agents that it is the legal rate for that trans13 portation or service in a proceeding begun under section

14 14902 or 14903 of this title. A departure, or offer to depart,

15 from that published or filed rate is a violation of those sec16 tions.’’.

17 Subtitle B—Motor Carrier Registra18 tion and Insurance Require19 ments

20 SEC. 451. AMENDMENT OF SECTION 31102.

21 Section 31102(b)(1) is amended by—

22 (1) striking ‘‘and’’ at the end of subparagraph

23 (O);

24 (2) striking the period at the end of subpara25 graph (P) and inserting a semicolon and ‘‘and’’; and
228

HR 2539 EAS

1 (3) adding at the end thereof the following:

2 ‘‘(Q) ensures that the State will cooperate in the

3 enforcement of registration and financial responsibil4 ity requirements under sections 31140 and 31146 of

5 this title, or regulations issued thereunder.’’

6 SEC. 452. AMENDMENT OF SECTION 31138.

7 (a) Section 31138(c) is amended by adding at the end

8 thereof the following new paragraph:

9 ‘‘(3) A motor carrier may obtain the required

10 amount of financial responsibility from more than

11 one source provided the cumulative amount is equal

12 to the minimum requirements of this section.’’.

13 (b) Section 31138(e) is amended—

14 (1) by striking ‘‘or’’ at the end of paragraph (2);

15 (2) by striking the period at the end of para16 graph (3) and inserting ‘‘; or’’; and

17 (3) by adding at the end the following:

18 ‘‘(4) providing mass transportation service with19 in a transit service area under an agreement with a

20 Federal, State, or local government funded, in whole

21 or in part, with a grant under section 5307, 5310, or

22 5311, including transportation designed and carried

23 out to meet the special needs of elderly individuals

24 and individuals with disabilities; Provided That, in

25 any case in which the transit service area is located
229

HR 2539 EAS

1 in more than 1 State, the minimum level of financial

2 responsibility for such motor vehicle will be at least

3 the highest level required for any of such States.’’.

4 (c) Section 31139(e) is amended by adding at the end

5 thereof the following:

6 ‘‘(3) A motor carrier may obtain the required

7 amount of financial responsibility from more than

8 one source provided the cumulative amount is equal

9 to the minimum requirements of this section.’’.

10 SEC. 453. SELF-INSURANCE RULES.

11 The Secretary of Transportation shall continue to en12 force the rules and regulations of the Interstate Commerce

13 Commission, as in effect on July 1, 1995, governing the

14 qualifications for approval of a motor carrier as a self-in15 surer, until such time as the Secretary finds it in the public

16 interest to revise such rules. The revised rules must provide

17 for—

18 (1) continued ability of motor carriers to qualify

19 as self-insurers; and

20 (2) the continued qualification of all carriers

21 then so qualified under the terms and conditions set

22 by the Interstate Commerce Commission or Secretary

23 at the time of qualification.

24 SEC. 454. SAFETY FITNESS OF OWNERS AND OPERATORS.

25 Section 31144 is amended by—
230

HR 2539 EAS

1 (1) striking ‘‘In cooperation with the Interstate

2 Commerce Commission, the’’ in the first sentence of

3 subsection (a) and inserting ‘‘The’’;

4 (2) by striking ‘‘sections 10922 and 10923’’ in

5 that sentence and inserting ‘‘section 13902’’;

6 (3) striking ‘‘and the Commission’’ in subsection

7 (a)(1)(C); and

8 (4) striking subsection (b) and inserting the fol9 lowing:

10 ‘‘(b) FINDINGS AND ACTION ON REGISTRATIONS.—The

11 Secretary shall—

12 ‘‘(1) find a registrant as a motor carrier unfit

13 if the registrant does not meet the safety fitness re14 quirements established under subsection (a) of this

15 section; and

16 ‘‘(2) withhold registration.’’.

17 TITLE V—AMENDMENTS TO

18 OTHER LAWS

19 SEC. 501. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

20 Section 401 of the Federal Election Campaign Act of

21 1971 (2 U.S.C. 451) is amended by—

22 (1) striking ‘‘Interstate Commerce Commission,’’

23 and inserting ‘‘Intermodal Surface Transportation

24 Board,’’; and
231

HR 2539 EAS

1 (2) striking ‘‘promulgate, within ninety days

2 after the date of enactment of this Act,’’ and inserting

3 ‘‘maintain’’.

4 SEC. 502. AGRICULTURAL ADJUSTMENT ACT OF 1938.

5 Section 201 of the Agricultural Adjustment Act of 1938

6 (7 U.S.C. 1291) is amended by—

7 (1) striking ‘‘Interstate Commerce Commission’’

8 and inserting ‘‘Intermodal Surface Transportation

9 Board’’ each place it appears;

10 (2) striking ‘‘Commission’’, wherever it appears

11 and inserting ‘‘Transportation Board’’; and

12 (3) striking ‘‘Commission’s’’ in subsection (b)

13 and inserting ‘‘Transportation Board’s’’.

14 SEC. 503. AGRICULTURAL MARKETING ACT OF 1946.

15 Section 203(j) of the Agricultural Marketing Act of

16 1946 (7 U.S.C. 1622(j)) is amended by striking ‘‘Interstate

17 Commerce Commission,’’ and inserting ‘‘Intermodal Sur18 face Transportation Board,’’.

19 SEC. 504. ANIMAL WELFARE ACT.

20 Section 15(a) of the Animal Welfare Act (7 U.S.C.

21 2145(a)) is amended by striking ‘‘Interstate Commerce

22 Commission’’ and inserting ‘‘Intermodal Surface Transpor23 tation Board’’.
232

HR 2539 EAS

1 SEC. 505. TITLE 11, UNITED STATES CODE.

2 (a) Section 1164 of title 11, United States Code, is

3 amended by striking ‘‘Commission’’ and inserting ‘‘Inter4 modal Surface Transportation Board’’.

5 (b) Section 1170 of title 11, United States Code, is

6 amended by—

7 (1) striking ‘‘Commission’’ the first time it ap8 pears in subsection (b) and inserting ‘‘Intermodal

9 Surface Transportation Board’’; and

10 (2) striking ‘‘Commission’’ wherever else it ap11 pears and inserting ‘‘Transportation Board’’.

12 (c) Section 1172 of title 11, United States Code, is

13 amended by—

14 (1) striking ‘‘Commission’’ the first time it ap15 pears in subsection (b) and inserting ‘‘Intermodal

16 Surface Transportation Board’’; and

17 (2) striking ‘‘Commission’’ wherever else it ap18 pears and inserting ‘‘Transportation Board’’.

19 SEC. 506. CLAYTON ACT.

20 The Clayton Act (15 U.S.C. 12 et seq.) is amended

21 by—

22 (1) striking ‘‘Interstate Commerce Commission’’

23 in the last sentence of section 7 (15 U.S.C. 18) and

24 inserting ‘‘Intermodal Surface Transportation

25 Board’’;
233

HR 2539 EAS

1 (2) inserting a comma and ‘‘Transportation

2 Board,’’ after ‘‘such Commission’’ in the last sentence

3 of that section;

4 (3) striking ‘‘Interstate Commerce Commission’’

5 in the first sentence of section 11(a) (15 U.S.C. 21)

6 and inserting ‘‘Intermodal Surface Transportation

7 Board’’; and

8 (4) striking ‘‘Interstate Commerce Commission’’

9 in section 16 (15 U.S.C. 26) and inserting ‘‘Inter10 modal Surface Transportation Board’’.

11 SEC. 507. CONSUMER CREDIT PROTECTION ACT.

12 The Consumer Credit Protection Act (15 U.S.C. 1601

13 et seq.) is amended by—

14 (1) striking ‘‘Interstate Commerce Commission’’

15 in section 621(b)(4) (15 U.S.C. 1681s) and inserting

16 ‘‘Intermodal Surface Transportation Board’’;

17 (2) inserting a comma and ‘‘and part B of sub18 title IV of title 49, United States Code, by the Sec19 retary of Transportation with respect to any common

20 carrier subject to such part;’’ in section 621(b)(4) (15

21 U.S.C. 1681s) after ‘‘those Acts’’;

22 (3) striking ‘‘Interstate Commerce Commission’’

23 in section 704(a)(4) (15 U.S.C. 1691c) and inserting

24 ‘‘Intermodal Surface Transportation Board’’;
234

HR 2539 EAS

1 (4) inserting a comma and ‘‘and part B of sub2 title IV of title 49, United States Code, by the Sec3 retary of Transportation with respect to any common

4 carrier subject to such part’’ in section 704(a)(4) (15

5 U.S.C. 1691c) after ‘‘those Acts’’;

6 (5) striking ‘‘Interstate Commerce Commission’’

7 in section 814(b)(4) (15 U.S.C. 1692l) and inserting

8 ‘‘Intermodal Surface Transportation Board’’; and

9 (6) inserting a comma and ‘‘and part B of sub10 title IV of title 49, United States Code, by the Sec11 retary of Transportation with respect to any common

12 carrier subject to such part’’ in section 814(b)(4) (15

13 U.S.C. 1692l) after ‘‘those Acts’’.

14 SEC. 508. NATIONAL TRAILS SYSTEM ACT.

15 The National Trails System Act (16 U.S.C. 1241 et

16 seq.) is amended by—

17 (1) striking ‘‘Interstate Commerce Commission’’

18 in the first sentence of section 8(d) (16 U.S.C.

19 1247(d)) and inserting ‘‘Intermodal Surface Trans20 portation Board’’;

21 (2) striking ‘‘Commission’’ in the last sentence of

22 section 8(d) (16 U.S.C. 1247(d)) and inserting

23 ‘‘Intermodal Surface Transportation Board’’; and
235

HR 2539 EAS

1 (3) striking ‘‘Interstate Commerce Commission’’

2 in section 9(b) (16 U.S.C. 1248(d)) and inserting

3 ‘‘Intermodal Surface Transportation Board’’.

4 SEC. 509. TITLE 18, UNITED STATES CODE.

5 Section 6001 of title 18, United States Code, is amend6 ed by striking ‘‘Interstate Commerce Commission’’ in sub7 section (1) and inserting ‘‘Intermodal Surface Transpor8 tation Board’’.

9 SEC. 510. INTERNAL REVENUE CODE OF 1986.

10 (a) Section 3231 of the Internal Revenue Code of 1986

11 (26 U.S.C. 3231) is amended by—

12 (1) striking ‘‘Interstate Commerce Commission’’

13 in subsection (a) and inserting ‘‘Intermodal Surface

14 Transportation Board’’; and

15 (2) striking subsection (g) and inserting the fol16 lowing:

17 ‘‘(g) CARRIER.—For purposes of this chapter, the term

18 ‘carrier’ means a rail carrier providing transportation sub19 ject to chapter 105 of title 49, United States Code.’’.

20 (b)Section 7701(a) of the Internal Revenue Code of

21 1986 (26 U.S.C. 7701(a)) is amended by—

22 (1) striking ‘‘Federal Power Commission’’ in

23 paragraph (33)(B) and inserting ‘‘Federal Energy

24 Regulatory Commission’’;
236

HR 2539 EAS

1 (2) striking ‘‘Interstate Commerce Commission’’

2 in paragraph (33)(C)(i) and inserting ‘‘Intermodal

3 Surface Transportation Board’’;

4 (3) striking ‘‘Interstate Commerce Commission’’

5 in paragraph (33)(C)(ii) with ‘‘Federal Energy Regu6 latory Commission’’;

7 (4) striking ‘‘Interstate Commerce Commission

8 under subchapter III of chapter 105’’ in paragraph

9 (33)(F) and inserting ‘‘Secretary of Transportation

10 under subchapter II of chapter 135’’;

11 (5) striking ‘‘subchapter I of’’ in paragraph

12 (33)(G); and

13 (6) striking ‘‘subchapter I of’’ in the first sen14 tence of paragraph (33)(H).

15 SEC. 511. TITLE 28, UNITED STATES CODE.

16 (a) The heading of chapter 157 of part VI of title 28,

17 United States Code, is amended by striking ‘‘INTER18 STATE COMMERCE COMMISSION’’ and inserting

19 ‘‘INTERMODAL SURFACE TRANSPORTATION

20 BOARD’’.

21 (b) Section 2321 of title 28, United States Code, is

22 amended by—

23 (1) striking ‘‘Commission’s’’ in the section cap24 tion and inserting ‘‘Intermodal Surface Transpor25 tation Board’s’’; and
237

HR 2539 EAS

1 (2) striking ‘‘Interstate Commerce Commission’’

2 in subsections (a) and (b) and inserting ‘‘Intermodal

3 Surface Transportation Board’’.

4 (c) Section 2323 of title 28, United States Code, is

5 amended by—

6 (1) striking ‘‘Interstate Commerce Commission’’

7 and inserting ‘‘Intermodal Surface Transportation

8 Board’’; and

9 (2) striking ‘‘Commission’’, wherever it appears,

10 and inserting ‘‘Transportation Board’’.

11 (d) Section 2341 of title 28, United States Code, is

12 amended by—

13 (1) striking ‘‘Interstate Commerce Commission’’

14 in paragraph (3)(A);

15 (2) striking ‘‘and’’ in paragraph (3)(C);

16 (3) striking ‘‘Act.’’ in paragraph (3)(D) and in17 serting ‘‘Act; and’’; and

18 (4) inserting after paragraph (3)(D) the follow19 ing:

20 ‘‘(E) the Transportation Board, when the

21 order was entered by the Intermodal Surface

22 Transportation Board.’’.

23 (e) Section 2342 of title 28, United States Code, is

24 amended by—
238

HR 2539 EAS

1 (1) inserting ‘‘or pursuant to part B of subtitle

2 IV of title 49, United States Code’’ at the end of para3 graph (3)(A); and

4 (2) striking paragraph (5) and inserting the fol5 lowing:

6 ‘‘(5) all rules, regulations, or final orders of the

7 Intermodal Surface Transportation Board made

8 reviewable by section 2321 of this title; and’’.

9 SEC. 512. MIGRANT AND SEASONAL AGRICULTURAL WORK10 ER PROTECTION ACT.

11 Section 401(b) of the Migrant and Seasonal Agricul12 tural Worker Protection Act (29 U.S.C. 1841(b)) is amend13 ed by—

14 (1) striking ‘‘part II of the Interstate Commerce

15 Act (49 U.S.C. 301 et seq.), or any successor provi16 sion of’’ in paragraph (2)(C) and inserting ‘‘part B

17 of’’; and

18 (2) striking ‘‘part II of the Interstate Commerce

19 Act (49 U.S.C. 301 et seq.), and any successor provi20 sion of’’ in paragraph (3) and inserting ‘‘part B of’’.

21 SEC. 513. TITLE 39, UNITED STATES CODE.

22 (a) Section 5005 of title 39, United States Code, is

23 amended by striking ‘‘Interstate Commerce Commission’’ in

24 subsection (b)(3) and inserting ‘‘Intermodal Surface Trans25 portation Board’’.
239

HR 2539 EAS

1 (b) Section 5203 of title 39, United States Code, is

2 amended by—

3 (1) striking subsection (f) and redesignating sub4 section (g) as subsection (f); and

5 (2) striking ‘‘Commission’’ in subsection (f), as

6 redesignated, and inserting ‘‘Intermodal Surface

7 Transportation Board’’.

8 (c) Section 5207 of title 39, United States Code, is

9 amended by—

10 (1) striking ‘‘Interstate Commerce Commission’’,

11 in both the section caption and subsection (a), and

12 inserting ‘‘Intermodal Surface Transportation

13 Board’’; and

14 (2) striking ‘‘Commission’’ wherever it appears

15 and inserting ‘‘Transportation Board’’.

16 (d) Section 5208 of title 39, United States Code, is

17 amended by—

18 (1) striking ‘‘Commission’s’’ in subsection (a)

19 and inserting ‘‘Transportation Board’s’’; and

20 (2) striking ‘‘Commission’’ wherever it appears

21 and inserting ‘‘Transportation Board’’.

22 (e) The index for chapter 52 of title 39, United States

23 Code, is amended by striking out the items relating to sec24 tion 5207 and inserting in lieu thereof the following:

‘‘5207. Intermodal Surface Transportation Board to fix rates.’’.
240

HR 2539 EAS

1 SEC. 514. ENERGY POLICY ACT OF 1992.

2 Section 1340 of the Energy Policy Act of 1992 (42

3 U.S.C. 13369) is amended by striking ‘‘Interstate Com4 merce Commission’’ in subsections (a) and (d) and insert5 ing ‘‘Intermodal Surface Transportation Board’’.

6 SEC. 515. RAILWAY LABOR ACT.

7 Section 151 of the Railway Labor Act (45 U.S.C. 151)

8 is amended by—

9 (1) striking ‘‘any express company, sleeping-car

10 company, carrier by railroad, subject to’’ in the first

11 paragraph and inserting ‘‘any railroad subject to’’;

12 (2) striking ‘‘Interstate Commerce Commission’’

13 in the first and fifth paragraphs and inserting

14 ‘‘Intermodal Surface Transportation Board’’; and

15 (3) striking ‘‘Commission’’, wherever it appears

16 in the fifth paragraph and inserting ‘‘Intermodal

17 Surface Transportation Board’’.

18 SEC. 516. RAILROAD RETIREMENT ACT OF 1974.

19 Section 1 of the Railroad Retirement Act of 1974 (45

20 U.S.C. 231) is amended by—

21 (1) striking subsection (a)(1)(i) and inserting:

22 ‘‘(i) any carrier by railroad subject to chapter

23 105 of title 49, United States Code;’’;

24 (2) striking ‘‘Interstate Commerce Commission’’

25 in subsection (a)(2)(ii) and inserting ‘‘Intermodal

26 Surface Transportation Board’’;
241

HR 2539 EAS

1 (3) striking ‘‘Board,’’ in subsection (a)(2)(ii)

2 and inserting ‘‘Railroad Retirement Board,’’; and

3 (4) inserting ‘‘Intermodal Surface Transpor4 tation Board,’’ after Interstate Commerce Commis5 sion,’’ in the first sentence of subsection (o).

6 SEC. 517. RAILROAD UNEMPLOYMENT INSURANCE ACT.

7 (a) Section 1 of the Railroad Unemployment Insur8 ance Act (45 U.S.C. 351) is amended by—

9 (1) striking ‘‘Interstate Commerce Commission’’

10 in the second sentence of paragraph (a) and inserting

11 ‘‘Intermodal Surface Transportation Board’’;

12 (2) striking ‘‘Board,’’ in the second sentence of

13 paragraph (a) and inserting ‘‘Railroad Retirement

14 Board,’’; and

15 (3) striking paragraph (b) and inserting the fol16 lowing:

17 ‘‘(b) The term ‘carrier’ means a carrier by railroad

18 subject to chapter 105 of title 49, United States Code.’’.

19 (b) Section 2(h)(3) of the Railroad Unemployment In20 surance Act (45 U.S.C. 352(h)(3)) is amended by—

21 (1) striking ‘‘Interstate Commerce Commission’’

22 and inserting ‘‘Intermodal Surface Transportation

23 Board’’; and

24 (2) striking ‘‘Board,’’ and inserting ‘‘Railroad

25 Retirement Board,’’.
242

HR 2539 EAS

1 SEC. 518. EMERGENCY RAIL SERVICES ACT OF 1970.

2 Section 3 of the Emergency Rail Services Act of 1970

3 (45 U.S.C. 662) is amended by striking ‘‘Commission’’,

4 wherever it appears in subsections (a) and (b), and insert5 ing ‘‘Intermodal Surface Transportation Board’’.

6 SEC. 519. REGIONAL RAIL REORGANIZATION ACT OF 1973.

7 Section 304 of the Regional Rail Reorganization Act

8 of 1973 (45 U.S.C. 744) is amended by—

9 (1) striking ‘‘Commission’’ in subsection

10 (d)(1)(A) and inserting ‘‘Intermodal Surface Trans11 portation Board’’; and

12 (2) striking ‘‘Commission’’ wherever else it ap13 pears in paragraph (1) or (3) of subsection (d), and

14 in subsections (f) and (g), and inserting ‘‘Transpor15 tation Board’’.

16 SEC. 520. RAILROAD REVITALIZATION AND REGULATORY

17 REFORM ACT OF 1976.

18 Section 510 of the Railroad Revitalization and Regu19 latory Reform Act of 1976 (45 U.S.C. 830) is amended by

20 striking ‘‘section 20a of the Interstate Commerce Act (49

21 U.S.C. 20a)’’ and inserting ‘‘section 11301 of title 49,

22 United States Code’’.

23 SEC. 521. ALASKA RAILROAD TRANSFER ACT OF 1982.

24 Section 608 of the Alaska Railroad Transfer Act of

25 1982 (45 U.S.C. 1207) is amended by striking ‘‘Interstate

26 Commerce Commission’’ wherever it appears in subsections
243

HR 2539 EAS

1 (a) and (c) and inserting ‘‘Intermodal Surface Transpor2 tation Board’’.

3 SEC. 522. MERCHANT MARINE ACT, 1920.

4 (a) Section 8 of Merchant Marine Act, 1920 (46 U.S.C.

5 App. 867) is amended by—

6 (1) striking ‘‘Interstate Commerce Commission’’

7 in both places that it appears and inserting ‘‘Inter8 modal Surface Transportation Board’’; and

9 (2) striking ‘‘commission’’ and inserting

10 ‘‘board’’.

11 (b) Section 28 of the Merchant Marine Act, 1920 (46

12 U.S.C. App. 884) is amended by—

13 (1) striking ‘‘Interstate Commerce Commission’’

14 where it first appears and inserting ‘‘Intermodal Sur15 face Transportation Board’’; and

16 (2) striking ‘‘Interstate Commerce Commission’’

17 wherever else it appears and inserting ‘‘Transpor18 tation Board’’.

19 SEC. 523. SERVICE CONTRACT ACT OF 1965.

20 Section 356(3) of the Service Contract Act of 1965 (41

21 U.S.C. 356(3)), is amended by striking ‘‘where published

22 tariff rates are in effect’’.
244

HR 2539 EAS

1 SEC. 524. FEDERAL AVIATION ADMINISTRATION AUTHOR2 IZATION ACT OF 1994.

3 Section 601(d) of the Federal Aviation Administration

4 Authorization Act of 1994 (Pub. L. 103–305) is amended

5 by striking all after ‘‘subsection (c)’’ and inserting ‘‘shall

6 not take effect as long as section 11501(g)(2) of title 49,

7 United States Code, applies to that State.’’.

8 SEC. 525. FIBER DRUM PACKAGING.

9 (a) IN GENERAL.—In the administration of chapter

10 51 of title 49, United States Code, the Secretary of Trans11 portation shall issue a final rule within 60 days after the

12 date of enactment of this Act authorizing the continued use

13 of fiber drum packaging with a removable head for the

14 transportation of liquid hazardous materials if—

15 (1) the packaging is in compliance with regula16 tions of the Secretary under the Hazardous Materials

17 Transportation Act as such Act was in effect before

18 October 1, 1991;

19 (2) the packaging will not be used for the trans20 portation of hazardous materials that include mate21 rials which are poisonous by inhalation; and

22 (3) the packaging will not be used in the trans23 portation of hazardous materials from a point in the

24 United States to a point outside the United States, or

25 from a point outside the United States to a point in26 side the United States.
245

HR 2539 EAS

1 (b) HAZARDOUS MATERIALS TRANSPORTATION AU2 THORIZATION ACT OF 1994.—Section 122 of the Hazardous

3 Materials Transportation Authorization Act of 1994 (49

4 U.S.C. 5101 note) is repealed.

5 SEC. 526. TERMINATION OF CERTAIN MARITIME AUTHOR6 ITY.

7 (a) REPEAL OF INTERCOASTAL SHIPPING ACT,

8 1933.—The Act of March 3, 1933 (Chapter 199; 46 U.S.C.

9 App. 843 et seq.), commonly referred to as the Intercoastal

10 Shipping Act, 1933, is repealed effective September 30,

11 1996.

12 (b) REPEAL OF PROVISIONS OF SHIPPING ACT,

13 1916.—The following provisions of the Shipping Act, 1916,

14 are repealed effective September 30, 1996:

15 (1) Section 3 (46 U.S.C. App. 804).

16 (2) Section 14 (46 U.S.C. App. 812).

17 (3) Section 15 (46 U.S.C. App. 814).

18 (4) Section 16 (46 U.S.C. App. 815).

19 (5) Section 17 (46 U.S.C. App. 816).

20 (6) Section 18 (46 U.S.C. App. 817).

21 (7) Section 19 (46 U.S.C. App. 818).

22 (8) Section 20 (46 U.S.C. App. 819).

23 (9) Section 21 (46 U.S.C. App. 820).

24 (10) Section 22 (46 U.S.C. App. 821).

25 (11) Section 23 (46 U.S.C. App. 822).
246

HR 2539 EAS

1 (12) Section 24 (46 U.S.C. App. 823).

2 (13) Section 25 (46 U.S.C. App. 824).

3 (14) Section 27 (46 U.S.C. App. 826).

4 (15) Section 29 (46 U.S.C. App. 828).

5 (16) Section 30 (46 U.S.C. App. 829).

6 (17) Section 31 (46 U.S.C. App. 830).

7 (18) Section 32 (46 U.S.C. App. 831).

8 (19) Section 33 (46 U.S.C. App. 832).

9 (20) Section 35 (46 U.S.C. App. 833a).

10 (21) Section 43 (46 U.S.C. App. 841a).

11 (22) Section 45 (46 U.S.C. App. 841c).

12 SEC. 527. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVI13 TIES.

14 The licensing of a launch vehicle or launch site opera15 tor (including any amendment, extension, or renewal of the

16 license) under chapter 701 of title 49, United States Code,

17 shall not be considered a major Federal action for purposes

18 of section 102(C) of the National Environmental Policy Act

19 of 1969 (42 U.S.C. 4332(C)) if—

20 (1) the Department of the Army has issued a

21 permit for the activity; and

22 (2) the Army Corps of Engineers has found that

23 the activity has no significant impact.
247

HR 2539 EAS

1 SEC. 528. USE OF HIGHWAY FUNDS FOR AMTRAK-RELATED

2 PROJECTS AND ACTIVITIES.

3 Notwithstanding any other provision of law, the State

4 of Vermont may use any unobligated funds apportioned to

5 the State under section 104 of title 23, United States Code,

6 to fund projects and activities related to the provision of

7 rail passenger service on Amtrak within that State.

8 SEC. 529. VIOLATION OF GRADE-CROSSING LAWS AND REG9 ULATIONS.

10 (a) FEDERAL REGULATIONS.—Section 31310 is

11 amended by adding at the end thereof the following:

12 ‘‘(h) GRADE-CROSSING VIOLATIONS.—

13 ‘‘(1) SANCTIONS.—The Secretary shall issue reg14 ulations establishing sanctions and penalties relating

15 to violations, by persons operating commercial motor

16 vehicles, of laws and regulations pertaining to rail17 road-highway grade crossings.

18 ‘‘(2) MINIMUM REQUIREMENTS.—The regulations

19 issued under paragraph (1) shall, at a minimum, re20 quire that—

21 ‘‘(A) the penalty for a single violation is

22 not less than a 60-day disqualification of the

23 driver’s commercial driver’s license; and

24 ‘‘(B) any employer that knowingly allows,

25 permits, authorized, or requires an employee to

26 operate a commercial motor vehicle in violation
248

HR 2539 EAS

1 of such a law or regulation shall be subject to a

2 civil penalty of not more than $10,000.’’.

3 (b) DEADLINE.—The initial regulations required

4 under section 31310(h) of title 49, United States Code, shall

5 be issued not later than one year after the date of enactment

6 of this Act.

7 (c) STATE REGULATIONS.—Section 31311(a) is

8 amended by adding at the end thereof the following:

9 ‘‘(18) The State shall adopt and enforce regula10 tions prescribed by the Secretary under section

11 31310(h) of this title.’’.

12 TITLE VI—AUTHORIZATION

13 SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

14 For the purpose of carrying out the provisions of this

15 Act, there are authorized to be appropriated—

16 (1) for the closedown of the Interstate Commerce

17 Commission and severance costs for Interstate Com18 merce Commission personnel, regardless of whether

19 those severance costs are incurred by the Commission

20 or by the Intermodal Surface Transportation Board,

21 the balance of the $13,379,000 appropriated to the

22 Commission for fiscal year 1996, together with any

23 unobligated balances from user fees collected by the

24 Commission during fiscal year 1996;
249

HR 2539 EAS

1 (2) for the operations of the Intermodal Surface

2 Transportation Board for fiscal year 1996,

3 $8,421,000, and any fees collected by the Transpor4 tation Board pursuant to section 9701 of title 31,

5 United States Code, shall be made available to the

6 Transportation Board; and

7 (3) for the operations associated with functions

8 transferred from the Interstate Commerce Commission

9 to the Intermodal Surface Transportation Board

10 under this Act, $12,000,000 for each of the fiscal

11 years 1997 and 1998, and any fees collected by the

12 Transportation Board pursuant to section 9701 of

13 title 31, United States Code, shall be made available

14 to the Transportation Board.

15 TITLE VII—MISCELLANEOUS

16 PROVISION

17 SEC. 701. PAY OF MEMBERS OF CONGRESS AND THE PRESI18 DENT DURING GOVERNMENT SHUTDOWNS.

19 (a) COMPARABLE PAY TREATMENT.—The pay of Mem20 bers of Congress and the President shall be treated in the

21 same manner and to the same extent as the pay of the most

22 adversely affected Federal employees who are not com23 pensated for any period in which appropriations lapse.

24 (b) EFFECTIVE DATE.—This section shall take effect

25 December 15, 1995.
250

HR 2539 EAS

1 TITLE VIII—EFFECTIVE DATE

2 SEC. 801. EFFECTIVE DATE.

3 Except as otherwise expressly provided, this Act and

4 the amendments made by this Act shall take effect on Janu5 ary 1, 1996.

Attest:

Secretary.
251

HR 2539 EAS

HR 2539 EAS——2

HR 2539 EAS——3

HR 2539 EAS——4

HR 2539 EAS——5

HR 2539 EAS——6

HR 2539 EAS——7

HR 2539 EAS——8

HR 2539 EAS——9

HR 2539 EAS——10

HR 2539 EAS——11

HR 2539 EAS——12

HR 2539 EAS——13

HR 2539 EAS——14

HR 2539 EAS——15
104TH CONGRESS

1ST SESSION H. R. 2539

AMENDMENT