H. R. 2539—50
‘‘(3) to another rail carrier or its agent to adjust mutual
traffic accounts in the ordinary course of business.
‘‘(d) An employee of the Board delegated to make an inspection
or examination under section 11144 of this title who knowingly
discloses information acquired during that inspection or examina-
tion, except as directed by the Board, a court, or a judge of that
court, shall be fined not more than $500, imprisoned for not more
than 6 months, or both.
‘‘(e) A person that knowingly discloses confidential data made
available to such person under section 11163 of this title by a
rail carrier providing transportation subject to the jurisdiction of
the Board under this part shall be fined not more than $50,000.
‘‘§ 11905. Disobedience to subpoenas
‘‘A person not obeying a subpoena or requirement of the Board
to appear and testify or produce records shall be fined at least
$100 but not more than $5,000, imprisoned for not more than
one year, or both.
‘‘§ 11906. General criminal penalty when specific penalty not
provided
‘‘When another criminal penalty is not provided under this
chapter, a rail carrier providing transportation subject to the juris-
diction of the Board under this part, and when that rail carrier
is a corporation, a director or officer of the corporation, or a receiver,
trustee, lessee, or person acting for or employed by the corporation
that, alone or with another person, willfully violates this part
or an order prescribed under this part, shall be fined not more
than $5,000. The person may be imprisoned for not more than
2 years in addition to being fined under this section. A separate
violation occurs each day a violation of this title continues.
‘‘§ 11907. Punishment of corporation for violations commit-
ted by certain individuals
‘‘An act or omission that would be a violation of this part
if committed by a director, officer, receiver, trustee, lessee, agent,
or employee of a rail carrier providing transportation or service
subject to the jurisdiction of the Board under this part that is
a corporation is also a violation of this part by that corporation.
The penalties of this chapter apply to that violation. When acting
in the scope of their employment, the actions and omissions of
individuals acting for or employed by that rail carrier are considered
to be the actions and omissions of that rail carrier as well as
that individual.
‘‘§ 11908. Relation to other Federal criminal penalties
‘‘Notwithstanding section 3571 of title 18, United States Code,
the criminal penalties provided for in this chapter are the exclusive
criminal penalties for violations of this part.’’.
(b) CONFORMING AMENDMENT.—The item relating to subtitle
IV in the table of subtitles of title 49, United States Code, is
amended by striking ‘‘Commerce’’ and inserting in lieu thereof
‘‘Transportation’’.
SEC. 103. MOTOR CARRIER, WATER CARRIER, AND FREIGHT FOR-
WARDER PROVISIONS.
Subtitle IV of title 49, United States Code, is further amended
by adding at the end the following:
H. R. 2539—51
‘‘PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS,
AND FREIGHT FORWARDERS
‘‘CHAPTER 131—GENERAL PROVISIONS
‘‘Sec.
‘‘13101. Transportation policy.
‘‘13102. Definitions.
‘‘13103. Remedies as cumulative.
‘‘§ 13101. Transportation policy
‘‘(a) IN GENERAL.—To ensure the development, coordination,
and preservation of a transportation system that meets the
transportation needs of the United States, including the United
States Postal Service and national defense, it is the policy of the
United States Government to oversee the modes of transportation
and—
‘‘(1) in overseeing those modes—
‘‘(A) to recognize and preserve the inherent advantage
of each mode of transportation;
‘‘(B) to promote safe, adequate, economical, and effi-
cient transportation;
‘‘(C) to encourage sound economic conditions in
transportation, including sound economic conditions among
carriers;
‘‘(D) to encourage the establishment and maintenance
of reasonable rates for transportation, without unreason-
able discrimination or unfair or destructive competitive
practices;
‘‘(E) to cooperate with each State and the officials
of each State on transportation matters; and
‘‘(F) to encourage fair wages and working conditions
in the transportation industry;
‘‘(2) in overseeing transportation by motor carrier, to pro-
mote competitive and efficient transportation services in order
to—
‘‘(A) encourage fair competition, and reasonable rates
for transportation by motor carriers of property;
‘‘(B) promote efficiency in the motor carrier transpor-
tation system and to require fair and expeditious decisions
when required;
‘‘(C) meet the needs of shippers, receivers, passengers,
and consumers;
‘‘(D) allow a variety of quality and price options to
meet changing market demands and the diverse require-
ments of the shipping and traveling public;
‘‘(E) allow the most productive use of equipment and
energy resources;
‘‘(F) enable efficient and well-managed carriers to earn
adequate profits, attract capital, and maintain fair wages
and working conditions;
‘‘(G) provide and maintain service to small communities
and small shippers and intrastate bus services;
‘‘(H) provide and maintain commuter bus operations;
‘‘(I) improve and maintain a sound, safe, and competi-
tive privately owned motor carrier system;
‘‘(J) promote greater participation by minorities in the
motor carrier system;
H. R. 2539—52
‘‘(K) promote intermodal transportation;
‘‘(3) in overseeing transportation by motor carrier of pas-
sengers—
‘‘(A) to cooperate with the States on transportation
matters for the purpose of encouraging the States to exer-
cise intrastate regulatory jurisdiction in accordance with
the objectives of this part;
‘‘(B) to provide Federal procedures which ensure that
intrastate regulation is exercised in accordance with this
part; and
‘‘(C) to ensure that Federal reform initiatives enacted
by section 31138 and the Bus Regulatory Reform Act of
1982 are not nullified by State regulatory actions; and
‘‘(4) in overseeing transportation by water carrier, to
encourage and promote service and price competition in the
noncontiguous domestic trade.
‘‘(b) ADMINISTRATION TO CARRY OUT POLICY.—This part shall
be administered and enforced to carry out the policy of this section
and to promote the public interest.
‘‘§ 13102. Definitions
‘‘In this part, the following definitions shall apply:
‘‘(1) BOARD.—The term ‘Board’ means the Surface Transpor-
tation Board.
‘‘(2) BROKER.—The term ‘broker’ means a person, other
than a motor carrier or an employee or agent of a motor
carrier, that as a principal or agent sells, offers for sale, nego-
tiates for, or holds itself out by solicitation, advertisement,
or otherwise as selling, providing, or arranging for, transpor-
tation by motor carrier for compensation.
‘‘(3) CARRIER.—The term ‘carrier’ means a motor carrier,
a water carrier, and a freight forwarder.
‘‘(4) CONTRACT
CARRIAGE.—The term ‘contract carriage’
means—
‘‘(A) for transportation provided before the effective
date of this section, service provided pursuant to a permit
issued under section 10923, as in effect on the day before
the effective date of this section; and
‘‘(B) for transportation provided on or after such date,
service provided under an agreement entered into under
section 14101(b).
‘‘(5) CONTROL.—The term ‘control’, when referring to a rela-
tionship between persons, includes actual control, legal control,
and the power to exercise control, through or by—
‘‘(A) common directors, officers, stockholders, a voting
trust, or a holding or investment company, or
‘‘(B) any other means.
‘‘(6) FOREIGN
MOTOR
CARRIER.—The term ‘foreign motor
carrier’ means a person (including a motor carrier of property
but excluding a motor private carrier)—
‘‘(A)(i) that is domiciled in a contiguous foreign country;
or
‘‘(ii) that is owned or controlled by persons of a contig-
uous foreign country; and
‘‘(B) in the case of a person that is not a motor carrier
of property, that provides interstate transportation of prop-
erty by motor vehicle under an agreement or contract
H. R. 2539—53
entered into with a motor carrier of property (other than
a motor private carrier or a motor carrier of property
described in subparagraph (A)).
‘‘(7) FOREIGN MOTOR PRIVATE CARRIER.—The term ‘foreign
motor private carrier’ means a person (including a motor private
carrier but excluding a motor carrier of property)—
‘‘(A)(i) that is domiciled in a contiguous foreign country;
or
‘‘(ii) that is owned or controlled by persons of a contig-
uous foreign country; and
‘‘(B) in the case of a person that is not a motor private
carrier, that provides interstate transportation of property
by motor vehicle under an agreement or contract entered
into with a person (other than a motor carrier of property
or a motor private carrier described in subparagraph (A)).
‘‘(8) FREIGHT
FORWARDER.—The term ‘freight forwarder’
means a person holding itself out to the general public (other
than as a pipeline, rail, motor, or water carrier) to provide
transportation of property for compensation and in the ordinary
course of its business—
‘‘(A) assembles and consolidates, or provides for assem-
bling and consolidating, shipments and performs or pro-
vides for break-bulk and distribution operations of the ship-
ments;
‘‘(B) assumes responsibility for the transportation from
the place of receipt to the place of destination; and
‘‘(C) uses for any part of the transportation a carrier
subject to jurisdiction under this subtitle.
The term does not include a person using transportation of
an air carrier subject to part A of subtitle VII.
‘‘(9) HIGHWAY.—The term ‘highway’ means a road, highway,
street, and way in a State.
‘‘(10) HOUSEHOLD GOODS.—The term ‘household goods’, as
used in connection with transportation, means personal effects
and property used or to be used in a dwelling, when a part
of the equipment or supply of such dwelling, and similar prop-
erty if the transportation of such effects or property is—
‘‘(A) arranged and paid for by the householder, includ-
ing transportation of property from a factory or store when
the property is purchased by the householder with intent
to use in his or her dwelling, or
‘‘(B) arranged and paid for by another party.
‘‘(11) HOUSEHOLD GOODS FREIGHT FORWARDER.—The term
‘household goods freight forwarder’ means a freight forwarder
of one or more of the following items: household goods, unaccom-
panied baggage, or used automobiles.
‘‘(12) MOTOR
CARRIER.—The term ‘motor carrier’ means
a person providing motor vehicle transportation for compensa-
tion.
‘‘(13) MOTOR PRIVATE CARRIER.—The term ‘motor private
carrier’ means a person, other than a motor carrier, transport-
ing property by motor vehicle when—
‘‘(A) the transportation is as provided in section 13501
of this title;
‘‘(B) the person is the owner, lessee, or bailee of the
property being transported; and
H. R. 2539—54
‘‘(C) the property is being transported for sale, lease,
rent, or bailment or to further a commercial enterprise.
‘‘(14) MOTOR
VEHICLE.—The term ‘motor vehicle’ means
a vehicle, machine, tractor, trailer, or semitrailer propelled
or drawn by mechanical power and used on a highway in
transportation, or a combination determined by the Secretary,
but does not include a vehicle, locomotive, or car operated
only on a rail, or a trolley bus operated by electric power
from a fixed overhead wire, and providing local passenger
transportation similar to street-railway service.
‘‘(15) NONCONTIGUOUS DOMESTIC TRADE.—The term ‘non-
contiguous domestic trade’ means transportation subject to
jurisdiction under chapter 135 involving traffic originating in
or destined to Alaska, Hawaii, or a territory or possession
of the United States.
‘‘(16) PERSON.—The term ‘person’, in addition to its mean-
ing under section 1 of title 1, includes a trustee, receiver,
assignee, or personal representative of a person.
‘‘(17) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Transportation.
‘‘(18) STATE.—The term ‘State’ means the 50 States of
the United States and the District of Columbia.
‘‘(19) 
TRANSPORTATION.—The 
term 
‘transportation’
includes—
‘‘(A) a motor vehicle, vessel, warehouse, wharf, pier,
dock, yard, property, facility, instrumentality, or equipment
of any kind related to the movement of passengers or
property, or both, regardless of ownership or an agreement
concerning use; and
‘‘(B) services related to that movement, including
arranging for, receipt, delivery, elevation, transfer in
transit, refrigeration, icing, ventilation, storage, handling,
packing, unpacking, and interchange of passengers and
property.
‘‘(20) UNITED STATES.—The term ‘United States’ means the
States of the United States and the District of Columbia.
‘‘(21) VESSEL.—The term ‘vessel’ means a watercraft or
other artificial contrivance that is used, is capable of being
used, or is intended to be used, as a means of transportation
by water.
‘‘(22) WATER CARRIER.—The term ‘water carrier’ means a
person providing water transportation for compensation.
‘‘§ 13103. Remedies as cumulative
‘‘Except as otherwise provided in this part, the remedies pro-
vided under this part are in addition to remedies existing under
another law or common law.
‘‘CHAPTER 133—ADMINISTRATIVE PROVISIONS
‘‘Sec.
‘‘13301. Powers.
‘‘13302. Intervention.
‘‘13303. Service of notice in proceedings.
‘‘13304. Service of process in court proceedings.
‘‘§ 13301. Powers
‘‘(a) GENERAL POWERS
OF SECRETARY.—Except as otherwise
specified, the Secretary shall carry out this part. Enumeration
H. R. 2539—55
of a power of the Secretary in this part does not exclude another
power the Secretary may have in carrying out this part. The Sec-
retary may prescribe regulations in carrying out this part.
‘‘(b) OBTAINING INFORMATION.—The Secretary may obtain from
carriers providing, and brokers for, transportation and service sub-
ject to this part, and from persons controlling, controlled by, or
under common control with those carriers or brokers to the extent
that the business of that person is related to the management
of the business of that carrier or broker, information the Secretary
decides is necessary to carry out this part.
‘‘(c) SUBPOENA POWER.—
‘‘(1) BY
SECRETARY.—The Secretary may subpoena wit-
nesses and records related to a proceeding under this part
from any place in the United States, to the designated place
of the proceeding. If a witness disobeys a subpoena, the Sec-
retary, or a party to a proceeding under this part, may petition
a court of the United States to enforce that subpoena.
‘‘(2) ENFORCEMENT.—The district courts of the United States
have jurisdiction to enforce a subpoena issued under this sec-
tion. Trial is in the district in which the proceeding is con-
ducted. The court may punish a refusal to obey a subpoena
as a contempt of court.
‘‘(d) TESTIMONY OF WITNESSES.—
‘‘(1) PROCEDURE FOR TAKING TESTIMONY.—In a proceeding
under this part, the Secretary may take the testimony of a
witness by deposition and may order the witness to produce
records. A party to a proceeding pending under this part may
take the testimony of a witness by deposition and may require
the witness to produce records at any time after a proceeding
is at issue on petition and answer.
‘‘(2) SUBPOENA.—If a witness fails to be deposed or to
produce records under paragraph (1) of this subsection, the
Secretary may subpoena the witness to take a deposition,
produce the records, or both.
‘‘(3) DEPOSITIONS.—A deposition may be taken before a
judge of a court of the United States, a United States magistrate
judge, a clerk of a district court, or a chancellor, justice, or
judge of a supreme or superior court, mayor or chief magistrate
of a city, judge of a county court, or court of common pleas
of any State, or a notary public who is not counsel or attorney
of a party or interested in the proceeding.
‘‘(4) NOTICE OF DEPOSITION.—Before taking a deposition,
reasonable notice must be given in writing by the party or
the attorney of that party proposing to take a deposition to
the opposing party or the attorney of record of that party,
whoever is nearest. The notice shall state the name of the
witness and the time and place of taking the deposition.
‘‘(5) TRANSCRIPT.—The testimony of a person deposed under
this subsection shall be taken under oath. The person taking
the deposition shall prepare, or cause to be prepared, a tran-
script of the testimony taken. The transcript shall be subscribed
by the deponent.
‘‘(6) FOREIGN COUNTRY.—The testimony of a witness who
is in a foreign country may be taken by deposition before
an officer or person designated by the Secretary or agreed
on by the parties by written stipulation filed with the Secretary.
A deposition shall be filed with the Secretary promptly.
H. R. 2539—56
‘‘(e) WITNESS FEES.—Each witness summoned before the Sec-
retary or whose deposition is taken under this section and the
individual taking the deposition are entitled to the same fees and
mileage paid for those services in the courts of the United States.
‘‘(f) POWERS OF BOARD.—For those provisions of this part that
are specified to be carried out by the Board, the Board shall have
the same powers as the Secretary has under this section.
‘‘§ 13302. Intervention
‘‘Under regulations of the Secretary, reasonable notice of, and
an opportunity to intervene and participate in, a proceeding under
this part related to transportation subject to jurisdiction under
subchapter I of chapter 135 shall be given to interested persons.
‘‘§ 13303. Service of notice in proceedings
‘‘(a) AGENTS FOR SERVICE OF PROCESS.—A carrier, a broker,
or a freight forwarder providing transportation or service subject
to jurisdiction under chapter 135 shall designate, in writing, an
agent by name and post office address on whom service of notices
in a proceeding before, and of actions of, the Secretary may be
made.
‘‘(b) FILING WITH STATE.—A motor carrier providing transpor-
tation under this part shall also file the designation with the
appropriate authority of each State in which it operates. The des-
ignation may be changed at any time in the same manner as
originally made.
‘‘(c) NOTICE.—A notice to a motor carrier, freight forwarder,
or broker shall be served personally or by mail on the motor
carrier, freight forwarder, or broker or on its designated agent.
Service by mail on the designated agent shall be made at the
address filed for the agent. When notice is given by mail, the
date of mailing is considered to be the time when the notice is
served. If a motor carrier, freight forwarder, or broker does not
have a designated agent, service may be made by posting a copy
of the notice at the headquarters of the Department of Transpor-
tation.
‘‘§ 13304. Service of process in court proceedings
‘‘(a) DESIGNATION OF AGENT.—A motor carrier or broker provid-
ing transportation subject to jurisdiction under chapter 135, includ-
ing a motor carrier or broker operating within the United States
while providing transportation between places in a foreign country
or between a place in one foreign country and a place in another
foreign country, shall designate an agent in each State in which
it operates by name and post office address on whom process
issued by a court with subject matter jurisdiction may be served
in an action brought against that carrier or broker. The designation
shall be in writing and filed with the Department of Transportation
and each State in which the carrier operates may require that
an additional designation be filed with it. If a designation under
this subsection is not made, service may be made on any agent
of the carrier or broker within that State.
‘‘(b) CHANGE.—A designation under this section may be changed
at any time in the same manner as originally made.
H. R. 2539—57
‘‘CHAPTER 135—JURISDICTION
‘‘SUBCHAPTER I—MOTOR CARRIER TRANSPORTATION
‘‘Sec.
‘‘13501. General jurisdiction.
‘‘13502. Exempt transportation between Alaska and other States.
‘‘13503. Exempt motor vehicle transportation in terminal areas.
‘‘13504. Exempt motor carrier transportation entirely in one State.
‘‘13505. Transportation furthering a primary business.
‘‘13506. Miscellaneous motor carrier transportation exemptions.
‘‘13507. Mixed loads of regulated and unregulated property.
‘‘13508. Limited authority over cooperative associations.
‘‘SUBCHAPTER II—WATER CARRIER TRANSPORTATION
‘‘13521. General jurisdiction.
‘‘SUBCHAPTER III—FREIGHT FORWARDER SERVICE
‘‘13531. General jurisdiction.
‘‘SUBCHAPTER IV—AUTHORITY TO EXEMPT
‘‘13541. Authority to exempt transportation or services.
‘‘SUBCHAPTER I—MOTOR CARRIER TRANSPORTATION
‘‘§ 13501. General jurisdiction
‘‘The Secretary and the Board have jurisdiction, as specified
in this part, over transportation by motor carrier and the procure-
ment of that transportation, to the extent that passengers, property,
or both, are transported by motor carrier—
‘‘(1) between a place in—
‘‘(A) a State and a place in another State;
‘‘(B) a State and another place in the same State
through another State;
‘‘(C) the United States and a place in a territory or
possession of the United States to the extent the transpor-
tation is in the United States;
‘‘(D) the United States and another place in the United
States through a foreign country to the extent the transpor-
tation is in the United States; or
‘‘(E) the United States and a place in a foreign country
to the extent the transportation is in the United States;
and
‘‘(2) in a reservation under the exclusive jurisdiction of
the United States or on a public highway.
‘‘§ 13502. Exempt transportation between Alaska and other
States
‘‘To the extent that transportation by a motor carrier between
a place in Alaska and a place in another State under section
13501 is provided in a foreign country—
‘‘(1) neither the Secretary nor the Board has jurisdiction
to impose a requirement over conduct of the motor carrier
in the foreign country conflicting with a requirement of that
country; but
‘‘(2) the motor carrier, as a condition of providing transpor-
tation in the United States, shall comply, with respect to all
transportation provided between Alaska and the other State,
with the requirements of this part related to rates and practices
applicable to the transportation.
H. R. 2539—58
‘‘§ 13503. Exempt motor vehicle transportation in terminal
areas
‘‘(a) TRANSPORTATION BY CARRIERS.—
‘‘(1) IN GENERAL.—Neither the Secretary nor the Board
has jurisdiction under this subchapter over transportation by
motor vehicle provided in a terminal area when the transpor-
tation—
‘‘(A) is a transfer, collection, or delivery;
‘‘(B) is provided by—
‘‘(i) a rail carrier subject to jurisdiction under chap-
ter 105;
‘‘(ii) a water carrier subject to jurisdiction under
subchapter II of this chapter; or
‘‘(iii) a freight forwarder subject to jurisdiction
under subchapter III of this chapter; and
‘‘(C) is incidental to transportation or service provided
by the carrier or freight forwarder that is subject to jurisdic-
tion under chapter 105 of this title or under subchapter
II or III of this chapter.
‘‘(2) APPLICABILITY OF OTHER PROVISIONS.—Transportation
exempt from jurisdiction under paragraph (1) of this subsection
is subject to jurisdiction under chapter 105 when provided
by such a rail carrier, under subchapter II of this chapter
when provided by such a water carrier, and under subchapter
III of this chapter when provided by such a freight forwarder.
‘‘(b) TRANSPORTATION BY AGENT.—
‘‘(1) IN GENERAL.—Except to the extent provided by para-
graph (2) of this subsection, neither the Secretary nor the
Board has jurisdiction under this subchapter over transpor-
tation by motor vehicle provided in a terminal area when
the transportation—
‘‘(A) is a transfer, collection, or delivery; and
‘‘(B) is provided by a person as an agent or under
other arrangement for—
‘‘(i) a rail carrier subject to jurisdiction under chap-
ter 105 of this title;
‘‘(ii) a motor carrier subject to jurisdiction under
this subchapter;
‘‘(iii) a water carrier subject to jurisdiction under
subchapter II of this chapter; or
‘‘(iv) a freight forwarder subject to jurisdiction
under subchapter III of this chapter.
‘‘(2) TREATMENT
OF
TRANSPORTATION
BY
PRINCIPAL.—
Transportation exempt from jurisdiction under paragraph (1)
of this subsection is considered transportation provided by the
carrier or service provided by the freight forwarder for whom
the transportation was provided and is subject to jurisdiction
under chapter 105 of this title when provided for such a rail
carrier, under this subchapter when provided for such a motor
carrier, under subchapter II of this chapter when provided
for such a water carrier, and under subchapter III of this
chapter when provided for such a freight forwarder.
‘‘§ 13504. Exempt motor carrier transportation entirely in
one State
‘‘Neither the Secretary nor the Board has jurisdiction under
this subchapter over transportation, except transportation of house-
H. R. 2539—59
hold goods, by a motor carrier operating solely within the State
of Hawaii. The State of Hawaii may regulate transportation exempt
from jurisdiction under this section and, to the extent provided
by a motor carrier operating solely within the State of Hawaii,
transportation exempt under section 13503 of this title.
‘‘§ 13505. Transportation furthering a primary business
‘‘(a) IN GENERAL.—Neither the Secretary nor the Board has
jurisdiction under this part over the transportation of property
by motor vehicle when—
‘‘(1) the property is transported by a person engaged in
a business other than transportation; and
‘‘(2) the transportation is within the scope of, and furthers
a primary business (other than transportation) of the person.
‘‘(b) CORPORATE FAMILIES.—
‘‘(1) IN GENERAL.—Neither the Secretary nor the Board
has jurisdiction under this part over transportation of property
by motor vehicle for compensation provided by a person who
is a member of a corporate family for other members of such
corporate family.
‘‘(2) DEFINITION.—In this section, ‘corporate family’ means
a group of corporations consisting of a parent corporation and
all subsidiaries in which the parent corporation owns directly
or indirectly a 100 percent interest.
‘‘§ 13506. Miscellaneous motor carrier transportation exemp-
tions
‘‘(a) IN GENERAL.—Neither the Secretary nor the Board has
jurisdiction under this part over—
‘‘(1) a motor vehicle transporting only school children and
teachers to or from school;
‘‘(2) a motor vehicle providing taxicab service and having
a capacity of not more than 6 passengers and not operated
on a regular route or between specified places;
‘‘(3) a motor vehicle owned or operated by or for a hotel
and only transporting hotel patrons between the hotel and
the local station of a carrier;
‘‘(4) a motor vehicle controlled and operated by a farmer
and transporting—
‘‘(A) the farmer’s agricultural or horticultural commod-
ities and products; or
‘‘(B) supplies to the farm of the farmer;
‘‘(5) a motor vehicle controlled and operated by a coopera-
tive association (as defined by section 15(a) of the Agricultural
Marketing Act (12 U.S.C. 1141j(a)) or by a federation of coopera-
tive associations if the federation has no greater power or
purposes than a cooperative association, except that if the
cooperative association or federation provides transportation
for compensation between a place in a State and a place in
another State, or between a place in a State and another
place in the same State through another State—
‘‘(A) for a nonmember that is not a farmer, cooperative
association, federation, or the United States Government,
the transportation (except for transportation otherwise
exempt under this subchapter)—
‘‘(i) shall be limited to transportation incidental
to the primary transportation operation of the coopera-
H. R. 2539—60
tive association or federation and necessary for its
effective performance; and
‘‘(ii) may not exceed in each fiscal year 25 percent
of the total transportation of the cooperative associa-
tion or federation between those places, measured by
tonnage; and
‘‘(B) the transportation for all nonmembers may not
exceed in each fiscal year, measured by tonnage, the total
transportation between those places for the cooperative
association or federation and its members during that fiscal
year;
‘‘(6) transportation by motor vehicle of—
‘‘(A) ordinary livestock;
‘‘(B) agricultural or horticultural commodities (other
than manufactured products thereof);
‘‘(C) commodities listed as exempt in the Commodity
List incorporated in ruling numbered 107, March 19, 1958,
Bureau of Motor Carriers, Interstate Commerce Commis-
sion, other than frozen fruits, frozen berries, frozen vegeta-
bles, cocoa beans, coffee beans, tea, bananas, or hemp,
or wool imported from a foreign country, wool tops and
noils, or wool waste (carded, spun, woven, or knitted);
‘‘(D) cooked or uncooked fish, whether breaded or not,
or frozen or fresh shellfish, or byproducts thereof not
intended for human consumption, other than fish or shell-
fish that have been treated for preserving, such as canned,
smoked, pickled, spiced, corned, or kippered products; and
‘‘(E) livestock and poultry feed and agricultural seeds
and plants, if such products (excluding products otherwise
exempt under this paragraph) are transported to a site
of agricultural production or to a business enterprise
engaged in the sale to agricultural producers of goods used
in agricultural production;
‘‘(7) a motor vehicle used only to distribute newspapers;
‘‘(8)(A) transportation of passengers by motor vehicle
incidental to transportation by aircraft;
‘‘(B) transportation of property (including baggage) by
motor vehicle as part of a continuous movement which, prior
or subsequent to such part of the continuous movement, has
been or will be transported by an air carrier or (to the extent
so agreed by the United States and approved by the Secretary)
by a foreign air carrier; or
‘‘(C) transportation of property by motor vehicle in lieu
of transportation by aircraft because of adverse weather condi-
tions or mechanical failure of the aircraft or other causes due
to circumstances beyond the control of the carrier or shipper;
‘‘(9) the operation of a motor vehicle in a national park
or national monument;
‘‘(10) a motor vehicle carrying not more than 15 individuals
in a single, daily roundtrip to commute to and from work;
‘‘(11) transportation of used pallets and used empty ship-
ping containers (including intermodal cargo containers), and
other used shipping devices (other than containers or devices
used in the transportation of motor vehicles or parts of motor
vehicles);
‘‘(12) transportation of natural, crushed, vesicular rock to
be used for decorative purposes;
H. R. 2539—61
‘‘(13) transportation of wood chips;
‘‘(14) brokers for motor carriers of passengers, except as
provided in section 13904(d); or
‘‘(15) transportation of broken, crushed, or powdered glass.
‘‘(b) EXEMPT UNLESS OTHERWISE NECESSARY.—Except to the
extent the Secretary or Board, as applicable, finds it necessary
to exercise jurisdiction to carry out the transportation policy of
section 13101, neither the Secretary nor the Board has jurisdiction
under this part over—
‘‘(1) transportation provided entirely in a municipality, in
contiguous municipalities, or in a zone that is adjacent to,
and commercially a part of, the municipality or municipalities,
except—
‘‘(A) when the transportation is under common control,
management, or arrangement for a continuous carriage
or shipment to or from a place outside the municipality,
municipalities, or zone; or
‘‘(B) that in transporting passengers over a route
between a place in a State and a place in another State,
or between a place in a State and another place in the
same State through another State, the transportation is
exempt from jurisdiction under this part only if the motor
carrier operating the motor vehicle also is lawfully provid-
ing intrastate transportation of passengers over the entire
route under the laws of each State through which the
route runs;
‘‘(2) transportation by motor vehicle provided casually, occa-
sionally, or reciprocally but not as a regular occupation or
business, except when a broker or other person sells or offers
for sale passenger transportation provided by a person author-
ized to transport passengers by motor vehicle under an applica-
tion pending, or registration issued, under this part; or
‘‘(3) the emergency towing of an accidentally wrecked or
disabled motor vehicle.
‘‘§ 13507. Mixed loads of regulated and unregulated property
‘‘A motor carrier of property providing transportation exempt
from jurisdiction under paragraph (6), (8), (11), (12), or (13) of
section 13506(a) may transport property under such paragraph
in the same vehicle and at the same time as property which the
carrier is authorized to transport under a registration issued under
section 13902(a). Such transportation shall not affect the unregu-
lated status of such exempt property or the regulated status of
the property which the carrier is authorized to transport under
such registration.
‘‘§ 13508. Limited authority over cooperative associations
‘‘(a) IN GENERAL.—Notwithstanding section 13506(a)(5), any
cooperative association (as defined by section 15(a) of the Agricul-
tural Marketing Act (12 U.S.C. 1141j(a))) or a federation of coopera-
tive associations shall prepare and maintain such records relating
to transportation provided by such association or federation, in
such form as the Secretary or the Board may require by regulation
to carry out the provisions of such section 13506(a)(5). The Secretary
or the Board, or an employee designated by the Secretary or the
Board, may on demand and display of proper credentials—
H. R. 2539—62
‘‘(1) inspect and examine the lands, buildings, and equip-
ment of such association or federation; and
‘‘(2) inspect and copy any record of such association or
federation.
‘‘(b) REPORTS.—Notwithstanding section 13506(a)(5), the Sec-
retary or the Board may require a cooperative association or federa-
tion of cooperative associations described in subsection (a) of this
section to file reports with the Secretary or the Board containing
answers to questions about transportation provided by such associa-
tion or federation.
‘‘(c) ENFORCEMENT.—The Secretary or the Board may bring
a civil action to enforce subsections (a) and (b) of this section
or a regulation or order of the Secretary or the Board issued
under this section, when violated by a cooperative association or
federation of cooperative associations described in subsection (a).
‘‘(d) REPORTING PENALTIES.—
‘‘(1) IN
GENERAL.—A person required to make a report
to the Secretary or the Board, answer a question, or maintain
a record under this section, or an officer, agent, or employee
of that person, that—
‘‘(A) does not make the report;
‘‘(B) does not specifically, completely, and truthfully
answer the question; or
‘‘(C) does not maintain the record in the form and
manner prescribed under this section;
is liable to the United States for a civil penalty of not more
than $500 for each violation and for not more than $250 for
each additional day the violation continues.
‘‘(2) VENUE.—Trial in a civil action under paragraph (1)
shall be in the judicial district in which—
‘‘(A) the cooperative association or federation of
cooperative associations has its principal office;
‘‘(B) the violation occurred; or
‘‘(C) the offender is found.
Process in the action may be served in the judicial district
of which the offender is an inhabitant or in which the offender
may be found.
‘‘(e) EVASION PENALTIES.—A person, or an officer, employee,
or agent of that person, that by any means knowingly and willfully
tries to evade compliance with the provisions of this section shall
be fined at least $200 but not more than $500 for the first violation
and at least $250 but not more than $2,000 for a subsequent
violation.
‘‘(f) RECORDKEEPING PENALTIES.—A person required to make
a report, answer a question, or maintain a record under this section,
or an officer, agent, or employee of that person, that—
‘‘(1) willfully does not make that report;
‘‘(2) willfully does not specifically, completely, and truth-
fully answer that question in 30 days from the date that the
question is required to be answered;
‘‘(3) willfully does not maintain that record in the form
and manner prescribed;
‘‘(4) knowingly and willfully falsifies, destroys, mutilates,
or changes that report or record;
‘‘(5) knowingly and willfully files a false report or record
under this section;
H. R. 2539—63
‘‘(6) knowingly and willfully makes a false or incomplete
entry in that record about a business-related fact or transaction;
or
‘‘(7) knowingly and willfully maintains a record in violation
of a regulation or order issued under this section;
shall be fined not more than $5,000.
‘‘SUBCHAPTER II—WATER CARRIER TRANSPORTATION
‘‘§ 13521. General jurisdiction
‘‘(a) GENERAL RULES.—The Secretary and the Board have juris-
diction over transportation insofar as water carriers are concerned—
‘‘(1) by water carrier between a place in a State and a
place in another State, even if part of the transportation is
outside the United States;
‘‘(2) by water carrier and motor carrier from a place in
a State to a place in another State; except that if part of
the transportation is outside the United States, the Secretary
only has jurisdiction over that part of the transportation pro-
vided—
‘‘(A) by motor carrier that is in the United States;
and
‘‘(B) by water carrier that is from a place in the United
States to another place in the United States; and
‘‘(3) by water carrier or by water carrier and motor carrier
between a place in the United States and a place outside
the United States, to the extent that—
‘‘(A) when the transportation is by motor carrier, the
transportation is provided in the United States;
‘‘(B) when the transportation is by water carrier to
a place outside the United States, the transportation is
provided by water carrier from a place in the United States
to another place in the United States before transshipment
from a place in the United States to a place outside the
United States; and
‘‘(C) when the transportation is by water carrier from
a place outside the United States, the transportation is
provided by water carrier from a place in the United States
to another place in the United States after transshipment
to a place in the United States from a place outside the
United States.
‘‘(b) DEFINITIONS.—In this section, the terms ‘State’ and ‘United
States’ include the territories and possessions of the United States.
‘‘SUBCHAPTER III—FREIGHT FORWARDER SERVICE
‘‘§ 13531. General jurisdiction
‘‘(a) IN GENERAL.—The Secretary and the Board have jurisdic-
tion, as specified in this part, over service that a freight forwarder
undertakes to provide, or is authorized or required under this
part to provide, to the extent transportation is provided in the
United States and is between—
‘‘(1) a place in a State and a place in another State, even
if part of the transportation is outside the United States;
‘‘(2) a place in a State and another place in the same
State through a place outside the State; or
H. R. 2539—64
‘‘(3) a place in the United States and a place outside the
United States.
‘‘(b) EXEMPTION OF CERTAIN AIR CARRIER SERVICE.—Neither
the Secretary nor the Board has jurisdiction under subsection (a)
of this section over service undertaken by a freight forwarder using
transportation of an air carrier subject to part A of subtitle VII
of this title.
‘‘SUBCHAPTER IV—AUTHORITY TO EXEMPT
‘‘§ 13541. Authority to exempt transportation or services
‘‘(a) IN GENERAL.—In any matter subject to jurisdiction under
this part, the Secretary or the Board, as applicable, shall exempt
a person, class of persons, or a transaction or service from the
application, in whole or in part, of a provision of this part, or
use this exemption authority to modify the application of a provision
of this part as it applies to such person, class, transaction, or
service, when the Secretary or Board finds that the application
of that provision—
‘‘(1) is not necessary to carry out the transportation policy
of section 13101;
‘‘(2) is not needed to protect shippers from the abuse of
market power or that the transaction or service is of limited
scope; and
‘‘(3) is in the public interest.
‘‘(b) INITIATION OF PROCEEDING.—The Secretary or Board, as
applicable, may, where appropriate, begin a proceeding under this
section on the Secretary’s or Board’s own initiative or on application
by an interested party.
‘‘(c) PERIOD
OF
EXEMPTION.—The Secretary or Board, as
applicable, may specify the period of time during which an exemp-
tion granted under this section is effective.
‘‘(d) REVOCATION.—The Secretary or Board, as applicable, may
revoke an exemption, to the extent specified, on finding that applica-
tion of a provision of this part to the person, class, or transportation
is necessary to carry out the transportation policy of section 13101.
‘‘(e) LIMITATIONS.—
‘‘(1) IN GENERAL.—The exemption authority under this sec-
tion may not be used to relieve a person from the application
of, and compliance with, any law, rule, regulation, standard,
or order pertaining to cargo loss and damage, insurance, safety
fitness, or activities approved under section 13703 or 14302
or not terminated under section 13907(d)(2).
‘‘(2) WATER
CARRIERS.—The Secretary or Board, as
applicable, may not exempt a water carrier from the application
of, or compliance with, section 13701 or 13702 for transportation
in the non-contiguous domestic trade.
‘‘(f) CONTINUATION
OF CERTAIN EXISTING EXEMPTIONS
FOR
WATER CARRIERS.—The Secretary or Board, as applicable, shall
not regulate or exercise jurisdiction under this part over the
transportation by water carrier in the non-contiguous domestic
trade of any cargo or type of cargo or service which was not
subject to regulation by, or under the jurisdiction of, either the
Federal Maritime Commission or Interstate Commerce Commission
under Federal law in effect on November 1, 1995.
H. R. 2539—65
‘‘CHAPTER 137—RATES AND THROUGH
ROUTES
‘‘Sec.
‘‘13701. Requirements for reasonable rates, classifications, through routes, rules,
and practices for certain transportation.
‘‘13702. Tariff requirement for certain transportation.
‘‘13703. Certain collective activities; exemption from antitrust laws.
‘‘13704. Household goods rates—estimates; guarantees of service.
‘‘13705. Requirements for through routes among motor carriers of passengers.
‘‘13706. Liability for payment of rates.
‘‘13707. Payment of rates.
‘‘13708. Billing and collecting practices.
‘‘13709. Procedures for resolving claims involving unfiled, negotiated transportation
rates.
‘‘13710. Additional billing and collecting practices.
‘‘13711. Alternative procedure for resolving undercharge disputes.
‘‘13712. Government traffic.
‘‘13713. Food and grocery transportation.
‘‘§ 13701. Requirements for reasonable rates, classifications,
through routes, rules, and practices for certain
transportation
‘‘(a) REASONABLENESS.—
‘‘(1) CERTAIN HOUSEHOLD GOODS TRANSPORTATION; JOINT
RATES INVOLVING WATER TRANSPORTATION.—A rate, classifica-
tion, rule, or practice related to transportation or service pro-
vided by a carrier subject to jurisdiction under chapter 135
for transportation or service involving—
‘‘(A) a movement of household goods,
‘‘(B) a rate for a movement by or with a water carrier
in noncontiguous domestic trade, or
‘‘(C) rates, rules, and classifications made collectively
by motor carriers under agreements approved pursuant
to section 13703,
must be reasonable.
‘‘(2) THROUGH ROUTES AND DIVISIONS OF JOINT RATES.—
Through routes and divisions of joint rates for such transpor-
tation or service must be reasonable.
‘‘(b) PRESCRIPTION BY BOARD FOR VIOLATIONS.—When the Board
finds it necessary to stop or prevent a violation of subsection (a),
the Board shall prescribe the rate, classification, rule, practice,
through route, or division of joint rates to be applied for such
transportation or service.
‘‘(c) FILING OF COMPLAINT.—A complaint that a rate, classifica-
tion, rule, or practice in noncontiguous domestic trade violates
subsection (a) may be filed with the Board.
‘‘(d) ZONE OF REASONABLENESS.—
‘‘(1) IN GENERAL.—For purposes of this section, a rate or
division of a motor carrier for service in noncontiguous domestic
trade or water carrier for port-to-port service in that trade
is reasonable if the aggregate of increases and decreases in
any such rate or division is not more than 7.5 percent above,
or more than 10 percent below, the rate or division in effect
1 year before the effective date of the proposed rate or division.
‘‘(2) ADJUSTMENTS TO THE ZONE.—The percentage specified
in paragraph (1) shall be increased or decreased, as the case
may be, by the percentage change in the Producers Price Index,
as published by the Department of Labor, that has occurred
during the most recent 1-year period before the date the rate
or division in question first took effect.
H. R. 2539—66
‘‘(3) DETERMINATIONS AFTER COMPLAINT.—The Board shall
determine whether any rate or division of a carrier or service
in noncontiguous domestic trade which is not within the range
described in paragraph (1) is reasonable if a complaint is filed
under subsection (c) or section 13702(b)(6).
‘‘(4) REPARATIONS.—Upon a finding of violation of sub-
section (a), the Board shall award reparations to the complain-
ing shipper or shippers in an amount equal to all sums assessed
and collected that exceed the determined reasonable rate, divi-
sion, rate structure, or tariff. Upon complaint from any govern-
mental agency or authority and upon a finding or violation
of subsection (a), the Board shall make such orders as are
just and shall require the carrier to return, to the extent
practicable, to shippers all amounts plus interest, which the
Board finds to have been assessed and collected in violation
of subsection (a).
‘‘§ 13702. Tariff requirement for certain transportation
‘‘(a) IN GENERAL.—Except when providing transportation for
charitable purposes without charge, a carrier subject to jurisdiction
under chapter 135 may provide transportation or service that is—
‘‘(1) in noncontiguous domestic trade, except with regard
to bulk cargo, forest products, recycled metal scrap, waste
paper, and paper waste; or
‘‘(2) for movement of household goods;
only if the rate for such transportation or service is contained
in a tariff that is in effect under this section. The carrier may
not charge or receive a different compensation for the transportation
or service than the rate specified in the tariff, whether by returning
a part of that rate to a person, giving a person a privilege, allowing
the use of a facility that affects the value of that transportation
or service, or another device. A rate contained in a tariff shall
be stated in money of the United States.
‘‘(b) TARIFF REQUIREMENTS
FOR NONCONTIGUOUS DOMESTIC
TRADE.—
‘‘(1) FILING.—A carrier providing transportation or service
described in subsection (a)(1) shall publish and file with the
Board tariffs containing the rates established for such transpor-
tation or service. The carriers shall keep such tariffs available
for public inspection. The Board shall prescribe the form and
manner of publishing, filing, and keeping tariffs available for
public inspection under this subsection.
‘‘(2) CONTENTS.—The Board may prescribe any specific
information and charges to be identified in a tariff, but at
a minimum tariffs must identify plainly—
‘‘(A) the carriers that are parties to it;
‘‘(B) the places between which property will be trans-
ported;
‘‘(C) terminal charges if a carrier provides transpor-
tation or service subject to jurisdiction under subchapter
III of chapter 135;
‘‘(D) privileges given and facilities allowed; and
‘‘(E) any rules that change, affect, or determine any
part of the published rate.
‘‘(3) INLAND DIVISIONS.—A carrier providing transportation
or service described in subsection (a)(1) under a joint rate
for a through movement shall not be required to state sepa-
H. R. 2539—67
rately or otherwise reveal in tariff filings the inland divisions
of that through rate.
‘‘(4) TIME-VOLUME RATES.—Rates in tariffs filed under this
subsection may vary with the volume of cargo offered over
a specified period of time.
‘‘(5) CHANGES.—The Board may permit carriers to change
rates, classifications, rules, and practices without filing com-
plete tariffs under this subsection that cover matter that is
not being changed when the Board finds that action to be
consistent with the public interest. Those carriers may either—
‘‘(A) publish new tariffs that incorporate changes, or
‘‘(B) plainly indicate the proposed changes in the tariffs
then in effect and make the tariffs as changed available
for public inspection.
‘‘(6) COMPLAINTS.—A complaint that a rate or related rule
or practice maintained in a tariff under this subsection violates
section 13701(a) may be submitted to the Board for resolution.
‘‘(c) TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CARRIERS.—
‘‘(1) IN
GENERAL.—A carrier providing transportation
described in subsection (a)(2) shall maintain rates and related
rules and practices in a published tariff. The tariff must be
available for inspection by the Board and be made available
for inspection by shippers upon reasonable request.
‘‘(2) NOTICE
OF
AVAILABILITY.—A carrier that maintains
a tariff under this subsection may not enforce the provisions
of the tariff unless the carrier has given notice that the tariff
is available for inspection in its bill of lading or by other
actual notice to individuals whose shipments are subject to
the tariff.
‘‘(3) REQUIREMENTS.—A carrier that maintains a tariff
under this subsection is bound by the tariff except as otherwise
provided in this part. A tariff that does not comply with this
subsection may not be enforced against any individual shipper.
‘‘(4) INCORPORATION BY REFERENCE.—A carrier may incor-
porate by reference the rates, terms, and other conditions of
a tariff in agreements covering the transportation of household
goods.
‘‘(5) COMPLAINTS.—A complaint that a rate or related rule
or practice maintained in a tariff under this subsection violates
section 13701(a) may be submitted to the Board for resolution.
‘‘(d) INVALIDATION.—The Board may invalidate a tariff prepared
by a carrier or carriers under this section if that tariff violates
this section or a regulation of the Board carrying out this section.
‘‘§ 13703. Certain collective activities; exemption from anti-
trust laws
‘‘(a) AGREEMENTS.—
‘‘(1) AUTHORITY
TO
ENTER.—A motor carrier providing
transportation or service subject to jurisdiction under chapter
135 may enter into an agreement with one or more such carriers
to establish—
‘‘(A) through routes and joint rates;
‘‘(B) rates for the transportation of household goods;
‘‘(C) classifications;
‘‘(D) mileage guides;
‘‘(E) rules;
‘‘(F) divisions;
H. R. 2539—68
‘‘(G) rate adjustments of general application based on
industry average carrier costs (so long as there is no discus-
sion of individual markets or particular single-line rates);
or
‘‘(H) procedures for joint consideration, initiation, or
establishment of matters described in subparagraphs (A)
through (G).
‘‘(2) SUBMISSION
OF
AGREEMENT
TO
BOARD; APPROVAL.—
An agreement entered into under subsection (a) may be submit-
ted by any carrier or carriers that are parties to such agreement
to the Board for approval and may be approved by the Board
only if it finds that such agreement is in the public interest.
‘‘(3) CONDITIONS.—The Board may require compliance with
reasonable conditions consistent with this part to assure that
the agreement furthers the transportation policy set forth in
section 13101.
‘‘(4) INDEPENDENTLY
ESTABLISHED
RATES.—Any carrier
which is a party to an agreement under paragraph (1) is not,
and may not be, precluded from independently establishing
its own rates, classification, and mileages or from adopting
and using a noncollectively made classification or mileage guide.
‘‘(5) INVESTIGATIONS.—
‘‘(A) REASONABLENESS.—The Board may suspend and
investigate the reasonableness of any rate, rule, classifica-
tion, or rate adjustment of general application made pursu-
ant to an agreement under this section.
‘‘(B) ACTIONS NOT IN THE PUBLIC INTEREST.—The Board
may investigate any action taken pursuant to an agreement
approved under this section. If the Board finds that the
action is not in the public interest, the Board may take
such measures as may be necessary to protect the public
interest with regard to the action, including issuing an
order directing the parties to cease and desist or modify
the action.
‘‘(6) EFFECT
OF
APPROVAL.—If the Board approves the
agreement or renews approval of the agreement, it may be
made and carried out under its terms and under the conditions
required by the Board, and the antitrust laws, as defined in
the first section of the Clayton Act (15 U.S.C. 12), do not
apply to parties and other persons with respect to making
or carrying out the agreement.
‘‘(b) RECORDS.—The Board may require an organization estab-
lished or continued under an agreement approved under this section
to maintain records and submit reports. The Board, or its delegate,
may inspect a record maintained under this section, or monitor
any organization’s compliance with this section.
‘‘(c) REVIEW.—The Board may review an agreement approved
under this section, on its own initiative or on request, and shall
change the conditions of approval or terminate it when necessary
to protect the public interest. Action of the Board under this
section—
‘‘(1) approving an agreement,
‘‘(2) denying, ending, or changing approval,
‘‘(3) prescribing the conditions on which approval is
granted, or
‘‘(4) changing those conditions,
H. R. 2539—69
has effect only as related to application of the antitrust laws referred
to in subsection (a).
‘‘(d) EXPIRATION OF APPROVALS; RENEWALS.—Subject to sub-
section (c), approval of an agreement under subsection (a) shall
expire 3 years after the date of approval unless renewed under
this subsection. The approval may be renewed upon request of
the parties to the agreement if such parties resubmit the agreement
to the Board, the agreement is unchanged, and the Board approves
such renewal. The Board shall approve the renewal unless it finds
that the renewal is not in the public interest. Parties to the agree-
ment may continue to undertake activities pursuant to the pre-
viously approved agreement while the renewal request is pending.
‘‘(e) EXISTING
AGREEMENTS.—Agreements approved under
former section 10706(b) and in effect on the day before the effective
date of this section shall be treated for purposes of this section
as approved by the Board under this section beginning on such
effective date.
‘‘(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—
‘‘(1) UNDERCHARGE CLAIMS.—Nothing in this section shall
serve as a basis for any undercharge claim.
‘‘(2) OBLIGATION OF SHIPPER.—Nothing in this title, the
ICC Termination Act of 1995, or any amendments or repeals
made by such Act shall be construed as creating any obligation
for a shipper based solely on a classification that was on file
with the Interstate Commerce Commission or elsewhere on
the day before the effective date of this section.
‘‘(g) INDUSTRY STANDARD GUIDES.—
‘‘(1) IN GENERAL.—
‘‘(A) PUBLIC
AVAILABILITY.—Routes, rates, classifica-
tions, mileage guides, and rules established under agree-
ments approved under this section shall be published and
made available for public inspection upon request.
‘‘(B) PARTICIPATION OF CARRIERS.—
‘‘(i) IN
GENERAL.—A motor carrier of property
whose routes, rates, classifications, mileage guides,
rules, or packaging are determined or governed by
publications established under agreements approved
under this section must participate in the determining
or governing publication for such provisions to apply.
‘‘(ii) POWER OF ATTORNEY.—The motor carrier of
property shall issue a power of attorney to the publish-
ing agent and, upon its acceptance, the agent shall
issue a written certification to the motor carrier affirm-
ing its participation in the governing publication, and
the certification shall be made available for public
inspection.
‘‘(2) MILEAGE LIMITATION.—No carrier subject to jurisdiction
under subchapter I or III of chapter 135 may enforce collection
of its mileage rates unless such carrier—
‘‘(A) is a participant in a publication of mileages formu-
lated under an agreement approved under this section;
or
‘‘(B) uses a publication of mileage (other than a publica-
tion described in subparagraph (A)) that can be examined
by any interested person upon reasonable request.
‘‘(h) SINGLE LINE RATE DEFINED.—In this section, the term
‘single line rate’ means a rate, charge, or allowance proposed by
H. R. 2539—70
a single motor carrier that is applicable only over its line and
for which the transportation can be provided by that carrier.
‘‘§ 13704. Household goods rates—estimates; guarantees of
service
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY.—Subject to the provisions of paragraph
(2) of this subsection, a motor carrier providing transportation
of household goods subject to jurisdiction under subchapter
I of chapter 135 may establish a rate for the transportation
of household goods which is based on the carrier’s written,
binding estimate of charges for providing such transportation.
‘‘(2) NONPREFERENTIAL; NONPREDATORY.—Any rate estab-
lished under this subsection must be available on a
nonpreferential basis to shippers and must not result in charges
to shippers which are predatory.
‘‘(b) RATES FOR GUARANTEED SERVICE.—
‘‘(1) AUTHORITY.—Subject to the provisions of paragraph
(2) of this subsection, a motor carrier providing transportation
of household goods subject to jurisdiction under subchapter
I of chapter 135 may establish rates for the transportation
of household goods which guarantee that the carrier will pick
up and deliver such household goods at the times specified
in the contract for such services and provide a penalty or
per diem payment in the event the carrier fails to pick up
or deliver such household goods at the specified time. The
charges, if any, for such guarantee and penalty provision may
vary to reflect one or more options available to meet a particular
shipper’s needs.
‘‘(2) AUTHORITY OF SECRETARY TO REQUIRE NONGUARANTEED
SERVICE RATES.—Before a carrier may establish a rate for any
service under paragraph (1) of this subsection, the Secretary
may require such carrier to have in effect and keep in effect,
during any period such rate is in effect under paragraph (1),
a rate for such service which does not guarantee the pick
up and delivery of household goods at the times specified in
the contract for such services and which does not provide a
penalty or per diem payment in the event the carrier fails
to pick up or deliver household goods at the specified time.
‘‘§ 13705. Requirements for through routes among motor car-
riers of passengers
‘‘(a) 
ESTABLISHMENT; 
REASONABLENESS.—A 
motor 
carrier
providing transportation of passengers subject to jurisdiction under
subchapter I of chapter 135 shall establish through routes with
other carriers of the same type and shall establish individual and
joint rates applicable to them. Such through route must be
reasonable.
‘‘(b) PRESCRIBED BY BOARD.—When the Board finds it necessary
to enforce the requirements of this section, the Board may prescribe
through routes and the conditions under which those routes must
be operated for motor carriers providing transportation of pas-
sengers subject to jurisdiction under subchapter I of chapter 135.
‘‘§ 13706. Liability for payment of rates
‘‘(a) LIABILITY OF CONSIGNEE.—Liability for payment of rates
for transportation for a shipment of property by a shipper or con-
H. R. 2539—71
signor to a consignee other than the shipper or consignor, is deter-
mined under this section when the transportation is provided by
motor carrier under this part. When the shipper or consignor
instructs the carrier transporting the property to deliver it to a
consignee that is an agent only, not having beneficial title to the
property, the consignee is liable for rates billed at the time of
delivery for which the consignee is otherwise liable, but not for
additional rates that may be found to be due after delivery if
the consignee gives written notice to the delivering carrier before
delivery of the property—
‘‘(1) of the agency and absence of beneficial title; and
‘‘(2) of the name and address of the beneficial owner of
the property if it is reconsigned or diverted to a place other
than the place specified in the original bill of lading.
‘‘(b) LIABILITY
OF BENEFICIAL OWNER.—When the consignee
is liable only for rates billed at the time of delivery under subsection
(a), the shipper or consignor, or, if the property is reconsigned
or diverted, the beneficial owner is liable for those additional rates
regardless of the bill of the lading or contract under which the
property was transported. The beneficial owner is liable for all
rates when the property is reconsigned or diverted by an agent
but is refused or abandoned at its ultimate destination if the agent
gave the carrier in the reconsignment or diversion order a notice
of agency and the name and address of the beneficial owner. A
consignee giving the carrier erroneous information about the iden-
tity of the beneficial owner of the property is liable for the additional
rates.
‘‘§ 13707. Payment of rates
‘‘(a) TRANSFER OF POSSESSION UPON PAYMENT.—Except as pro-
vided in subsection (b), a carrier providing transportation or service
subject to jurisdiction under this part shall give up possession
at the destination of the property transported by it only when
payment for the transportation or service is made.
‘‘(b) EXCEPTIONS.—
‘‘(1) REGULATIONS.—Under regulations of the Secretary
governing the payment for transportation and service and
preventing discrimination, those carriers may give up posses-
sion at destination of property transported by them before
payment for the transportation or service. The regulations of
the Secretary may provide for weekly or monthly payment
for transportation provided by motor carriers and for periodic
payment for transportation provided by water carriers.
‘‘(2) EXTENSIONS OF CREDIT TO GOVERNMENTAL ENTITIES.—
Such a carrier (including a motor carrier being used by a
household goods freight forwarder) may extend credit for
transporting property for the United States Government, a
State, a territory or possession of the United States, or a
political subdivision of any of them.
‘‘§ 13708. Billing and collecting practices
‘‘(a) DISCLOSURE.—A motor carrier subject to jurisdiction under
subchapter I of chapter 135 shall disclose, when a document is
presented or electronically transmitted for payment to the person
responsible directly to the motor carrier for payment or agent
of such responsible person, the actual rates, charges, or allowances
for any transportation service and shall also disclose, at such time,
H. R. 2539—72
whether and to whom any allowance or reduction in charges is
made.
‘‘(b) FALSE OR MISLEADING INFORMATION.—No person may cause
a motor carrier to present false or misleading information on a
document about the actual rate, charge, or allowance to any party
to the transaction.
‘‘(c) ALLOWANCES FOR SERVICES.—When the actual rate, charge,
or allowance is dependent upon the performance of a service by
a party to the transportation arrangement, such as tendering a
volume of freight over a stated period of time, the motor carrier
shall indicate in any document presented for payment to the person
responsible directly to the motor carrier that a reduction, allowance,
or other adjustment may apply.
‘‘§ 13709. Procedures for resolving claims involving unfiled,
negotiated transportation rates
‘‘(a) TRANSPORTATION PROVIDED AT RATES OTHER THAN LEGAL
TARIFF RATES.—
‘‘(1) IN GENERAL.—When a claim is made by a motor carrier
of property (other than a household goods carrier) providing
transportation subject to jurisdiction under subchapter II of
chapter 105 (as in effect on the day before the effective date
of this section) or subchapter I of chapter 135, by a freight
forwarder (other than a household goods freight forwarder),
or by a party representing such a carrier or freight forwarder
regarding the collection of rates or charges for such transpor-
tation in addition to those originally billed and collected by
the carrier or freight forwarder for such transportation, the
person against whom the claim is made may elect to satisfy
the claim under the provisions of subsection (b), (c), or (d),
upon showing that—
‘‘(A) the carrier or freight forwarder is no longer
transporting property or is transporting property for the
purpose of avoiding the application of this section; and
‘‘(B) with respect to the claim—
‘‘(i) the person was offered a transportation rate
by the carrier or freight forwarder other than that
legally on file at the time with the Board or with
the Interstate Commerce Commission, as required, for
the transportation service;
‘‘(ii) the person tendered freight to the carrier or
freight forwarder in reasonable reliance upon the
offered transportation rate;
‘‘(iii) the carrier or freight forwarder did not prop-
erly or timely file with the Board or with the Interstate
Commerce Commission, as required, a tariff providing
for such transportation rate or failed to enter into
an agreement for contract carriage;
‘‘(iv) such transportation rate was billed and col-
lected by the carrier or freight forwarder; and
‘‘(v) the carrier or freight forwarder demands addi-
tional payment of a higher rate filed in a tariff.
‘‘(2) FORUM.—If there is a dispute as to the showing under
paragraph (1)(A), such dispute shall be resolved by the court
in which the claim is brought. If there is a dispute as to
the showing under paragraph (1)(B), such dispute shall be
resolved by the Board. Pending the resolution of any such
H. R. 2539—73
dispute, the person shall not have to pay any additional com-
pensation to the carrier or freight forwarder.
‘‘(3) EFFECT OF SATISFACTION OF CLAIMS.—Satisfaction of
the claim under subsection (b), (c), or (d) shall be binding
on the parties, and the parties shall not be subject to chapter
119 of this title, as such chapter was in effect on the day
before the effective date of this section, or chapter 149.
‘‘(b) CLAIMS INVOLVING SHIPMENTS WEIGHING 10,000 POUNDS
OR LESS.—A person from whom the additional legally applicable
and effective tariff rate or charges are sought may elect to satisfy
the claim if the shipments each weighed 10,000 pounds or less,
by payment of 20 percent of the difference between the carrier’s
applicable and effective tariff rate and the rate originally billed
and paid. In the event that a dispute arises as to the rate that
was legally applicable to the shipment, such dispute shall be
resolved by the Board.
‘‘(c) CLAIMS INVOLVING SHIPMENTS WEIGHING MORE THAN
10,000 POUNDS.—A person from whom the additional legally
applicable and effective tariff rate or charges are sought may elect
to satisfy the claim if the shipments each weighed more than
10,000 pounds, by payment of 15 percent of the difference between
the carrier’s applicable and effective tariff rate and the rate origi-
nally billed and paid. In the event that a dispute arises as to
the rate that was legally applicable to the shipment, such dispute
shall be resolved by the Board.
‘‘(d) CLAIMS
INVOLVING
PUBLIC
WAREHOUSEMEN.—Notwith-
standing subsections (b) and (c), a person from whom the additional
legally applicable and effective tariff rate or charges are sought
may elect to satisfy the claim by payment of 5 percent of the
difference between the carrier’s applicable and effective tariff rate
and the rate originally billed and paid if such person is a public
warehouseman. In the event that a dispute arises as to the rate
that was legally applicable to the shipment, such dispute shall
be resolved by the Board.
‘‘(e) EFFECTS OF ELECTION.—When a person from whom addi-
tional legally applicable freight rates or charges are sought does
not elect to use the provisions of subsection (b), (c) or (d), the
person may pursue all rights and remedies existing under this
part or, for transportation provided before the effective date of
this section, all rights and remedies that existed under this title
on the day before such effective date.
‘‘(f) STAY OF ADDITIONAL COMPENSATION.—When a person pro-
ceeds under this section to challenge the reasonableness of the
legally applicable freight rate or charges being claimed by a carrier
or freight forwarder in addition to those already billed and collected,
the person shall not have to pay any additional compensation
to the carrier or freight forwarder until the Board has made a
determination as to the reasonableness of the challenged rate as
applied to the freight of the person against whom the claim is
made.
‘‘(g) NOTIFICATION OF ELECTION.—
‘‘(1) GENERAL RULE.—A person must notify the carrier or
freight forwarder as to its election to proceed under subsection
(b), (c), or (d). Except as provided in paragraphs (2), (3), and
(4), such election may be made at any time.
‘‘(2) DEMANDS FOR PAYMENT INITIALLY MADE AFTER DECEM-
BER 3, 1993.—If the carrier or freight forwarder or party rep-
H. R. 2539—74
resenting such carrier or freight forwarder initially demands
the payment of additional freight charges after December 3,
1993, and notifies the person from whom additional freight
charges are sought of the provisions of subsections (a) through
(f) at the time of the making of such initial demand, the
election must be made not later than the later of—
‘‘(A) the 60th day following the filing of an answer
to a suit for the collection of such additional legally
applicable freight rate or charges, or
‘‘(B) March 5, 1994.
‘‘(3) PENDING SUITS FOR COLLECTION MADE BEFORE DECEM-
BER 4, 1993.—If the carrier or freight forwarder or party rep-
resenting such carrier or freight forwarder has filed, before
December 4, 1993, a suit for the collection of additional freight
charges and notifies the person from whom additional freight
charges are sought of the provisions of subsections (a) through
(f), the election must be made not later than the 90th day
following the date on which such notification is received.
‘‘(4) DEMANDS FOR PAYMENT MADE BEFORE DECEMBER 4,
1993.—If the carrier or freight forwarder or party representing
such carrier or freight forwarder has demanded the payment
of additional freight charges, and has not filed a suit for the
collection of such additional freight charges, before December
4, 1993, and notifies the person from whom additional freight
charges are sought of the provisions of subsections (a) through
(f), the election must be made not later than the later of—
‘‘(A) the 60th day following the filing of an answer
to a suit for the collection of such additional legally
applicable freight rate or charges, or
‘‘(B) March 5, 1994.
‘‘(h) CLAIMS INVOLVING SMALL-BUSINESS CONCERNS, CHARI-
TABLE ORGANIZATIONS, AND RECYCLABLE MATERIALS.—
‘‘(1) IN GENERAL.—Notwithstanding subsections (b), (c), and
(d), a person from whom the additional legally applicable and
effective tariff rate or charges are sought shall not be liable
for the difference between the carrier’s applicable and effective
tariff rate and the rate originally billed and paid—
‘‘(A) if such person qualifies as a small-business concern
under the Small Business Act (15 U.S.C. 631 et seq.),
‘‘(B) if such person is an organization which is described
in section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code,
or
‘‘(C) if the cargo involved in the claim is recyclable
materials.
‘‘(2) RECYCLABLE MATERIALS DEFINED.—In this subsection,
the term ‘recyclable materials’ means waste products for
recycling or reuse in the furtherance of recognized pollution
control programs.
‘‘§ 13710. Additional billing and collecting practices
‘‘(a) MISCELLANEOUS PROVISIONS.—
‘‘(1) INFORMATION RELATING TO BASIS OF RATE.—A motor
carrier of property (other than a motor carrier providing
transportation in noncontiguous domestic trade) shall provide
to the shipper, on request of the shipper, a written or electronic
copy of the rate, classification, rules, and practices, upon which
H. R. 2539—75
any rate applicable to its shipment or agreed to between the
shipper and carrier is based.
‘‘(2) REASONABLENESS OF RATES; COLLECTING ADDITIONAL
CHARGES.—When the applicability or reasonableness of the
rates and related provisions billed by a motor carrier is chal-
lenged by the person paying the freight charges, the Board
shall determine whether such rates and provisions are reason-
able under section 13701 or applicable based on the record
before it.
‘‘(3) BILLING DISPUTES.—
‘‘(A) INITIATED BY MOTOR CARRIERS.—In those cases
where a motor carrier (other than a motor carrier providing
transportation of household goods or in noncontiguous
domestic trade) seeks to collect charges in addition to those
billed and collected which are contested by the payor, the
carrier may request that the Board determine whether
any additional charges over those billed and collected must
be paid. A carrier must issue any bill for charges in addition
to those originally billed within 180 days of the receipt
of the original bill in order to have the right to collect
such charges.
‘‘(B) INITIATED BY SHIPPERS.—If a shipper seeks to con-
test the charges originally billed or additional charges sub-
sequently billed, the shipper may request that the Board
determine whether the charges billed must be paid. A
shipper must contest the original bill or subsequent bill
within 180 days of receipt of the bill in order to have
the right to contest such charges.
‘‘(4) VOIDING OF CERTAIN TARIFFS.—Any tariff on file with
the Interstate Commerce Commission on August 26, 1994, and
not required to be filed after that date is null and void beginning
on that date. Any tariff on file with the Interstate Commerce
Commission on the effective date of this section and not
required to be filed after that date is null and void beginning
on that date.
‘‘(b) RESOLUTION OF DISPUTES OVER STATUS OF COMMON CAR-
RIER
OR CONTRACT CARRIER.—If a motor carrier (other than a
motor carrier providing transportation of household goods) that
was subject to jurisdiction under subchapter II of chapter 105,
as in effect on the day before the effective date of this section,
and that had authority to provide transportation as both a motor
common carrier and a motor contract carrier and a dispute arises
as to whether certain transportation that was provided prior to
the effective date of this section was provided in its common carrier
or contract carrier capacity and the parties are not able to resolve
the dispute consensually, the Board shall resolve the dispute.
‘‘§ 13711. Alternative procedure for resolving undercharge
disputes
‘‘(a) GENERAL RULE.—It shall be an unreasonable practice for
a motor carrier of property (other than a household goods carrier)
providing transportation subject to jurisdiction under subchapter
I of chapter 135 or, before the effective date of this section, to
have provided transportation that was subject to jurisdiction under
subchapter II of chapter 105, as in effect on the day before the
effective date of this section, a freight forwarder (other than a
household goods freight forwarder), or a party representing such
H. R. 2539—76
a carrier or freight forwarder to attempt to charge or to charge
for a transportation service the difference between (1) the applicable
rate that was lawfully in effect pursuant to a tariff that was
filed in accordance with this chapter or, with respect to transpor-
tation provided before the effective date of this section, in accord-
ance with chapter 107, as in effect on the date the transportation
was provided, by the carrier or freight forwarder applicable to
such transportation service, and (2) the negotiated rate for such
transportation service if the carrier or freight forwarder is no longer
transporting property between places described in section 13501(1)
or is transporting property between places described in section
13501(1) for the purpose of avoiding application of this section.
‘‘(b) JURISDICTION OF BOARD.—
‘‘(1) DETERMINATION.—The Board shall have jurisdiction
to make a determination of whether or not attempting to charge
or the charging of a rate by a motor carrier or freight forwarder
or party representing a motor carrier or freight forwarder is
an unreasonable practice under subsection (a). If the Board
determines that attempting to charge or the charging of the
rate is an unreasonable practice under subsection (a), the car-
rier, freight forwarder, or party may not collect the difference
described in subsection (a) between the applicable rate and
the negotiated rate for the transportation service.
‘‘(2) FACTORS TO CONSIDER.—In making a determination
under paragraph (1), the Board shall consider—
‘‘(A) whether the person was offered a transportation
rate by the carrier or freight forwarder or party other
than that legally on file with the Interstate Commerce
Commission or the Board, as required, at the time of the
movement for the transportation service;
‘‘(B) whether the person tendered freight to the carrier
or freight forwarder in reasonable reliance upon the offered
transportation rate;
‘‘(C) whether the carrier or freight forwarder did not
properly or timely file with the Interstate Commerce
Commission or the Board, as required, a tariff providing
for such transportation rate or failed to enter into an
agreement for contract carriage;
‘‘(D) whether the transportation rate was billed and
collected by the carrier or freight forwarder; and
‘‘(E) whether the carrier or freight forwarder or party
demands additional payment of a higher rate filed in a
tariff.
‘‘(c) STAY OF ADDITIONAL COMPENSATION.—When a person pro-
ceeds under this section to challenge the reasonableness of the
practice of a motor carrier, freight forwarder, or party described
in subsection (a) to attempt to charge or to charge the difference
described in subsection (a) between the applicable rate and the
negotiated rate for the transportation service in addition to those
charges already billed and collected for the transportation service,
the person shall not have to pay any additional compensation
to the carrier, freight forwarder, or party until the Board has
made a determination as to the reasonableness of the practice
as applied to the freight of the person against whom the claim
is made.
‘‘(d) TREATMENT.—Subsection (a) is an exception to the require-
ments of section 13702 and, for transportation provided before
H. R. 2539—77
the effective date of this section, to the requirements of sections
10761(a) and 10762, as in effect on the day before such effective
date, as such sections relate to a filed tariff rate and other general
tariff requirements.
‘‘(e) NONAPPLICABILITY OF NEGOTIATED RATE DISPUTE RESOLU-
TION PROCEDURE.—If a person elects to seek enforcement of sub-
section (a) with respect to a rate for a transportation or service,
section 13709 shall not apply to such rate.
‘‘(f) DEFINITIONS.—In this section, the term ‘‘negotiated rate’’
means a rate, charge, classification, or rule agreed upon by a
motor carrier or freight forwarder and a shipper through negotia-
tions pursuant to which no tariff was lawfully and timely filed
and for which there is written evidence of such agreement.
‘‘(g) APPLICABILITY TO PENDING CASES.—This section shall apply
to all cases and proceedings pending on the effective date of this
section.
‘‘§ 13712. Government traffic
‘‘A carrier providing transportation or service for the United
States Government may transport property or individuals for the
United States Government without charge or at a rate reduced
from the applicable commercial rate. Section 3709 of the Revised
Statutes (41 U.S.C. 5) does not apply when transportation for
the United States Government can be obtained from a carrier
lawfully operating in the area where the transportation would be
provided.
‘‘§ 13713. Food and grocery transportation
‘‘(a) CERTAIN
COMPENSATION
PROHIBITED.—Notwithstanding
any other provision of law, it shall not be unlawful for a seller
of food and grocery products using a uniform zone delivered pricing
system to compensate a customer who picks up purchased food
and grocery products at the shipping point of the seller if such
compensation is available to all customers of the seller on a non-
discriminatory basis and does not exceed the actual cost to the
seller of delivery to such customer.
‘‘(b) SENSE
OF CONGRESS.—It is the sense of the Congress
that any savings accruing to a customer by reason of compensation
permitted by subsection (a) of this section should be passed on
to the ultimate consumer.
‘‘CHAPTER 139—REGISTRATION
‘‘Sec.
‘‘13901. Requirement for registration.
‘‘13902. Registration of motor carriers.
‘‘13903. Registration of freight forwarders.
‘‘13904. Registration of brokers.
‘‘13905. Effective periods of registration.
‘‘13906. Security of motor carriers, brokers, and freight forwarders.
‘‘13907. Household goods agents.
‘‘13908. Registration and other reforms.
‘‘§ 13901. Requirement for registration
‘‘A person may provide transportation or service subject to
jurisdiction under subchapter I or III of chapter 135 or be a broker
for transportation subject to jurisdiction under subchapter I of
that chapter, only if the person is registered under this chapter
to provide the transportation or service.
H. R. 2539—79
‘‘(II) the transportation is to be provided entirely
in the area in which the public recipient provides regu-
larly scheduled mass transportation services.
‘‘(B) REGULAR-ROUTE TRANSPORTATION.—The Secretary
shall register under subsection (a)(1) a public recipient
of governmental assistance to provide regular-route
transportation subject to jurisdiction under subchapter I
of chapter 135 as a motor carrier of passengers if the
Secretary finds that the recipient meets the requirements
of subsection (a)(1), unless the Secretary finds, on the basis
of evidence presented by any person objecting to the reg-
istration, that the transportation to be provided pursuant
to the registration is not in the public interest.
‘‘(C) TREATMENT OF CERTAIN PUBLIC RECIPIENTS.—Any
public recipient of governmental assistance which is provid-
ing or seeking to provide transportation of passengers sub-
ject to jurisdiction under subchapter I of chapter 135 shall,
for purposes of this part, be treated as a person which
is providing or seeking to provide transportation of pas-
sengers subject to such jurisdiction.
‘‘(3) INTRASTATE
TRANSPORTATION
BY
INTERSTATE
CAR-
RIERS.—A motor carrier of passengers that is registered by
the Secretary under subsection (a) is authorized to provide
regular-route transportation entirely in one State as a motor
carrier of passengers if such intrastate transportation is to
be provided on a route over which the carrier provides interstate
transportation of passengers.
‘‘(4) PREEMPTION OF STATE REGULATION REGARDING CERTAIN
SERVICE.—No State or political subdivision thereof and no inter-
state agency or other political agency of 2 or more States
shall enact or enforce any law, rule, regulation, standard or
other provision having the force and effect of law relating
to the provision of pickup and delivery of express packages,
newspapers, or mail in a commercial zone if the shipment
has had or will have a prior or subsequent movement by bus
in intrastate commerce and, if a city within the commercial
zone, is served by a motor carrier of passengers providing
regular-route transportation of passengers subject to jurisdic-
tion under subchapter I of chapter 135.
‘‘(5) JURISDICTION
OVER
CERTAIN
INTRASTATE
TRANSPOR-
TATION.—Subject to section 14501(a), any intrastate transpor-
tation authorized by this subsection shall be treated as
transportation subject to jurisdiction under subchapter I of
chapter 135 until such time as the carrier takes such action
as is necessary to establish under the laws of such State rates,
rules, and practices applicable to such transportation, but in
no case later than the 30th day following the date on which
the motor carrier of passengers first begins providing transpor-
tation entirely in one State under this paragraph.
‘‘(6) SPECIAL OPERATIONS.—This subsection shall not apply
to any regular-route transportation of passengers provided
entirely in one State which is in the nature of a special
operation.
‘‘(7) SUSPENSION
OR
REVOCATION.—Intrastate transpor-
tation authorized under this subsection may be suspended or
revoked by the Secretary under section 13905 of this title
at any time.
H. R. 2539—80
‘‘(8) DEFINITIONS.—In this subsection, the following defini-
tions apply:
‘‘(A) PUBLIC
RECIPIENT
OF
GOVERNMENTAL
ASSIST-
ANCE.—The term ‘public recipient of governmental assist-
ance’ means—
‘‘(i) any State,
‘‘(ii) any municipality or other political subdivision
of a State,
‘‘(iii) any public agency or instrumentality of one
or more States and municipalities and political subdivi-
sions of a State,
‘‘(iv) any Indian tribe,
‘‘(v) any corporation, board, or other person owned
or controlled by any entity described in clause (i), (ii),
(iii), or (iv), and
which before, on, or after the effective date of this sub-
section received governmental assistance for the purchase
or operation of any bus.
‘‘(B) PRIVATE RECIPIENT OF GOVERNMENT ASSISTANCE.—
The term ‘private recipient of government assistance’
means any person (other than a person described in sub-
paragraph (A)) who before, on, or after the effective date
of this paragraph received governmental financial assist-
ance in the form of a subsidy for the purchase, lease,
or operation of any bus.
‘‘(c) RESTRICTIONS
ON MOTOR CARRIERS DOMICILED
IN
OR
OWNED OR CONTROLLED BY NATIONALS OF A CONTIGUOUS FOREIGN
COUNTRY.—
‘‘(1) PREVENTION
OF
DISCRIMINATORY
PRACTICES.—If the
President, or the delegate thereof, determines that an act,
policy, or practice of a foreign country contiguous to the United
States, or any political subdivision or any instrumentality of
any such country is unreasonable or discriminatory and burdens
or restricts United States transportation companies providing,
or seeking to provide, motor carrier transportation to, from,
or within such foreign country, the President or such delegate
may—
‘‘(A) seek elimination of such practices through con-
sultations; or
‘‘(B) notwithstanding any other provision of law, sus-
pend, modify, amend, condition, or restrict operations,
including geographical restriction of operations, in the
United States by motor carriers of property or passengers
domiciled in such foreign country or owned or controlled
by persons of such foreign country.
‘‘(2) EQUALIZATION OF TREATMENT.—Any action taken under
paragraph (1)(A) to eliminate an act, policy, or practice shall
be so devised so as to equal to the extent possible the burdens
or restrictions imposed by such foreign country on United States
transportation companies.
‘‘(3) REMOVAL
OR
MODIFICATION.—The President, or the
delegate thereof, may remove or modify in whole or in part
any action taken under paragraph (1)(A) if the President or
such delegate determines that such removal or modification
is consistent with the obligations of the United States under
a trade agreement or with United States transportation policy.
H. R. 2539—81
‘‘(4) PROTECTION
OF
EXISTING
OPERATIONS.—Unless and
until the President, or the delegate thereof, makes a determina-
tion under paragraph (1) or (3), nothing in this subsection
shall affect—
‘‘(A) operations of motor carriers of property or pas-
sengers domiciled in any contiguous foreign country or
owned or controlled by persons of any contiguous foreign
country permitted in the commercial zones along the United
States-Mexico border as such zones were defined on the
day before the effective date of this section; or
‘‘(B) any existing restrictions on operations of motor
carriers of property or passengers domiciled in any contig-
uous foreign country or owned or controlled by persons
of any contiguous foreign country or any modifications
thereof pursuant to section 6 of the Bus Regulatory Reform
Act of 1982.
‘‘(5) PUBLICATION; COMMENT.—Unless the President, or the
delegate thereof, determines that expeditious action is required,
the President shall publish in the Federal Register any deter-
mination under paragraph (1) or (3), together with a description
of the facts on which such a determination is based and any
proposed action to be taken pursuant to paragraph (1)(B) or
(3), and provide an opportunity for public comment.
‘‘(6) DELEGATION TO SECRETARY.—The President may dele-
gate any or all authority under this subsection to the Secretary,
who shall consult with other agencies as appropriate. In accord-
ance with the directions of the President, the Secretary may
issue regulations to enforce this subsection.
‘‘(7) CIVIL ACTIONS.—Either the Secretary or the Attorney
General may bring a civil action in an appropriate district
court of the United States to enforce this subsection or a
regulation prescribed or order issued under this subsection.
The court may award appropriate relief, including injunctive
relief.
‘‘(8) LIMITATION ON STATUTORY CONSTRUCTION.—This sub-
section shall not be construed as affecting the requirement
for all foreign motor carriers and foreign motor private carriers
operating in the United States to comply with all applicable
laws and regulations pertaining to fitness, safety of operations,
financial responsibility, and taxes imposed by section 4481 of
the Internal Revenue Code of 1986.
‘‘(d) TRANSITION RULE.—
‘‘(1) IN GENERAL.—Pending the implementation of the rule-
making required by section 13908, the Secretary may register
a person under this section—
‘‘(A) as a motor common carrier if such person would
have been issued a certificate to provide transportation
as a motor common carrier under this subtitle on the
day before the effective date of this section; and
‘‘(B) as a motor contract carrier if such person would
have been issued a permit to provide transportation as
a motor contract carrier under this subtitle on such day.
‘‘(2) DEFINITIONS.—In this subsection, the terms ‘motor
common carrier’ and ‘motor contract carrier’ have the meaning
such terms had under section 10102 as such section was in
effect on the day before the effective date of this section.
H. R. 2539—82
‘‘(e) MOTOR CARRIER DEFINED.—In this section and sections
13905 and 13906, the term ‘motor carrier’ includes foreign motor
private carriers.
‘‘§ 13903. Registration of freight forwarders
‘‘(a) IN GENERAL.—The Secretary shall register a person to
provide service subject to jurisdiction under subchapter III of chap-
ter 135 as a freight forwarder if the Secretary finds that the
person is fit, willing, and able to provide the service and to comply
with this part and applicable regulations of the Secretary and
the Board.
‘‘(b) REGISTRATION
AS CARRIER REQUIRED.—The freight for-
warder may provide transportation as the carrier itself only if
the freight forwarder also has registered to provide transportation
as a carrier under this chapter.
‘‘§ 13904. Registration of brokers
‘‘(a) IN GENERAL.—The Secretary shall register, subject to sec-
tion 13906(b), a person to be a broker for transportation of property
subject to jurisdiction under subchapter I of chapter 135, if the
Secretary finds that the person is fit, willing, and able to be a
broker for transportation and to comply with this part and
applicable regulations of the Secretary.
‘‘(b) REGISTRATION AS CARRIER REQUIRED.—
‘‘(1) IN GENERAL.—The broker may provide the transpor-
tation itself only if the broker also has been registered to
provide the transportation as a motor carrier under this
chapter.
‘‘(2) LIMITATION.—This subsection does not apply to a motor
carrier registered under this chapter or to an employee or
agent of the motor carrier to the extent the transportation
is to be provided entirely by the motor carrier, with other
registered motor carriers, or with rail or water carriers.
‘‘(c) REGULATIONS TO PROTECT SHIPPERS.—Regulations of the
Secretary applicable to brokers registered under this section shall
provide for the protection of shippers by motor vehicle.
‘‘(d) BOND AND INSURANCE.—The Secretary may impose on bro-
kers for motor carriers of passengers such requirements for bonds
or insurance or both as the Secretary determines are needed to
protect passengers and carriers dealing with such brokers.
‘‘§ 13905. Effective periods of registration
‘‘(a) PERSON HOLDING ICC AUTHORITY.—Any person having
authority to provide transportation or service as a motor carrier,
freight forwarder, or broker under this title, as in effect on the
day before the effective date of this section, shall be deemed, for
purposes of this part, to be registered to provide such transportation
or service under this part.
‘‘(b) IN GENERAL.—Except as otherwise provided in this part,
each registration issued under section 13902, 13903, or 13904 shall
be effective from the date specified by the Secretary and shall
remain in effect for such period as the Secretary determines appro-
priate by regulation.
‘‘(c) 
SUSPENSION, 
AMENDMENTS, 
AND
REVOCATIONS.—On
application of the registrant, the Secretary may amend or revoke
a registration. On complaint or on the Secretary’s own initiative
and after notice and an opportunity for a proceeding, the Secretary
H. R. 2539—83
may suspend, amend, or revoke any part of the registration of
a motor carrier, broker, or freight forwarder for willful failure
to comply with this part, an applicable regulation or order of the
Secretary or of the Board, or a condition of its registration.
‘‘(d) PROCEDURE.—Except on application of the registrant, the
Secretary may revoke a registration of a motor carrier, freight
forwarder, or broker, only after—
‘‘(1) the Secretary has issued an order to the registrant
under section 14701 requiring compliance with this part, a
regulation of the Secretary, or a condition of the registration;
and
‘‘(2) the registrant willfully does not comply with the order
for a period of 30 days.
‘‘(e) EXPEDITED PROCEDURE.—
‘‘(1) PROTECTION OF SAFETY.—Without regard to subchapter
II of chapter 5 of title 5, the Secretary may suspend the registra-
tion of a motor carrier, a freight forwarder, or a broker for
failure to comply with safety requirements of the Secretary
or the safety fitness requirements pursuant to section 13904(c),
13906, or 31144, of this title, or an order or regulation of
the Secretary prescribed under those sections.
‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.—Without regard
to subchapter II of chapter 5 of title 5, the Secretary may
suspend a registration of a motor carrier of passengers if the
Secretary finds that such carrier has been conducting unsafe
operations which are an imminent hazard to public health
or property.
‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The Secretary may
suspend under this subsection the registration only after giving
notice of the suspension to the registrant. The suspension
remains in effect until the registrant complies with those
applicable sections or, in the case of a suspension under para-
graph (2), until the Secretary revokes such suspension.
‘‘§ 13906. Security of motor carriers, brokers, and freight for-
warders
‘‘(a) MOTOR CARRIER REQUIREMENTS.—
‘‘(1) LIABILITY
INSURANCE
REQUIREMENT.—The Secretary
may register a motor carrier under section 13902 only if the
registrant files with the Secretary a bond, insurance policy,
or other type of security approved by the Secretary, in an
amount not less than such amount as the Secretary prescribes
pursuant to, or as is required by, sections 31138 and 31139,
and the laws of the State or States in which the registrant
is operating, to the extent applicable. The security must be
sufficient to pay, not more than the amount of the security,
for each final judgment against the registrant for bodily injury
to, or death of, an individual resulting from the negligent
operation, maintenance, or use of motor vehicles, or for loss
or damage to property (except property referred to in paragraph
(3) of this subsection), or both. A registration remains in effect
only as long as the registrant continues to satisfy the security
requirements of this paragraph.
‘‘(2) AGENCY REQUIREMENT.—A motor carrier shall comply
with the requirements of sections 13303 and 13304. To protect
the public, the Secretary may require any such motor carrier
to file the type of security that a motor carrier is required
H. R. 2539—84
to file under paragraph (1) of this subsection. This paragraph
only applies to a foreign motor private carrier and foreign
motor carrier operating in the United States to the extent
that such carrier is providing transportation between places
in a foreign country or between a place in one foreign country
and a place in another foreign country.
‘‘(3) TRANSPORTATION
INSURANCE.—The Secretary may
require a registered motor carrier to file with the Secretary
a type of security sufficient to pay a shipper or consignee
for damage to property of the shipper or consignee placed
in the possession of the motor carrier as the result of transpor-
tation provided under this part. A carrier required by law
to pay a shipper or consignee for loss, damage, or default
for which a connecting motor carrier is responsible is sub-
rogated, to the extent of the amount paid, to the rights of
the shipper or consignee under any such security.
‘‘(b) BROKER REQUIREMENTS.—The Secretary may register a
person as a broker under section 13904 only if the person files
with the Secretary a bond, insurance policy, or other type of security
approved by the Secretary to ensure that the transportation for
which a broker arranges is provided. The registration remains
in effect only as long as the broker continues to satisfy the security
requirements of this subsection.
‘‘(c) FREIGHT FORWARDER REQUIREMENTS.—
‘‘(1) LIABILITY INSURANCE.—The Secretary may register a
person as a freight forwarder under section 13903 of this title
only if the person files with the Secretary a bond, insurance
policy, or other type of security approved by the Secretary.
The security must be sufficient to pay, not more than the
amount of the security, for each final judgment against the
freight forwarder for bodily injury to, or death of, an individual,
or loss of, or damage to, property (other than property referred
to in paragraph (2) of this subsection), resulting from the neg-
ligent operation, maintenance, or use of motor vehicles by or
under the direction and control of the freight forwarder when
providing transfer, collection, or delivery service under this
part.
‘‘(2) FREIGHT FORWARDER INSURANCE.—The Secretary may
require a registered freight forwarder to file with the Secretary
a bond, insurance policy, or other type of security approved
by the Secretary sufficient to pay, not more than the amount
of the security, for loss of, or damage to, property for which
the freight forwarder provides service.
‘‘(3) EFFECTIVE PERIOD.—The freight forwarder’s registra-
tion remains in effect only as long as the freight forwarder
continues to satisfy the security requirements of this subsection.
‘‘(d) TYPE OF INSURANCE.—The Secretary may determine the
type and amount of security filed under this section. A motor
carrier may submit proof of qualifications as a self-insurer to satisfy
the security requirements of this section. The Secretary shall adopt
regulations governing the standards for approval as a self-insurer.
Motor carriers which have been granted authority to self-insure
as of the effective date of this section shall retain that authority
unless, for good cause shown and after notice and an opportunity
for a hearing, the Secretary finds that the authority must be re-
voked.
H. R. 2539—85
‘‘(e) NOTICE OF CANCELLATION OF INSURANCE.—The Secretary
shall issue regulations requiring the submission to the Secretary
of notices of insurance cancellation sufficiently in advance of actual
cancellation so as to enable the Secretary to promptly revoke the
registration of any carrier or broker after the effective date of
the cancellation.
‘‘(f) FORM OF ENDORSEMENT.—The Secretary shall also prescribe
the appropriate form of endorsement to be appended to policies
of insurance and surety bonds which will subject the insurance
policy or surety bond to the full security limits of the coverage
required under this section.
‘‘§ 13907. Household goods agents
‘‘(a) CARRIERS RESPONSIBLE FOR AGENTS.—Each motor carrier
providing transportation of household goods shall be responsible
for all acts or omissions of any of its agents which relate to the
performance of household goods transportation services (including
accessorial or terminal services) and which are within the actual
or apparent authority of the agent from the carrier or which are
ratified by the carrier.
‘‘(b) STANDARD FOR SELECTING AGENTS.—Each motor carrier
providing transportation of household goods shall use due diligence
and reasonable care in selecting and maintaining agents who are
sufficiently knowledgeable, fit, willing, and able to provide adequate
household goods transportation services (including accessorial and
terminal services) and to fulfill the obligations imposed upon them
by this part and by such carrier.
‘‘(c) ENFORCEMENT.—
‘‘(1) COMPLAINT.—Whenever the Secretary has reason to
believe from a complaint or investigation that an agent provid-
ing household goods transportation services (including accesso-
rial and terminal services) under the authority of a motor
carrier providing transportation of household goods has violated
section 14901(e) or 14912 or is consistently not fit, willing,
and able to provide adequate household goods transportation
services (including accessorial and terminal services), the Sec-
retary may issue to such agent a complaint stating the charges
and containing notice of the time and place of a hearing which
shall be held no later than 60 days after service of the complaint
to such agent.
‘‘(2) RIGHT TO DEFEND.—The agent shall have the right
to appear at such hearing and rebut the charges contained
in the complaint.
‘‘(3) ORDER.—If the agent does not appear at the hearing
or if the Secretary finds that the agent has violated section
14901(e) or 14912 or is consistently not fit, willing, and able
to provide adequate household goods transportation services
(including accessorial and terminal services), the Secretary may
issue an order to compel compliance with the requirement
that the agent be fit, willing, and able. Thereafter, the Secretary
may issue an order to limit, condition, or prohibit such agent
from any involvement in the transportation or provision of
services incidental to the transportation of household goods
if, after notice and an opportunity for a hearing, the Secretary
finds that such agent, within a reasonable time after the date
of issuance of a compliance order under this section, but in
H. R. 2539—86
no event less than 30 days after such date of issuance, has
willfully failed to comply with such order.
‘‘(4) HEARING.—Upon filing of a petition with the Secretary
by an agent who is the subject of an order issued pursuant
to the second sentence of paragraph (3) of this subsection
and after notice, a hearing shall be held with an opportunity
to be heard. At such hearing, a determination shall be made
whether the order issued pursuant to paragraph (3) of this
subsection should be rescinded.
‘‘(5) COURT
REVIEW.—Any agent adversely affected or
aggrieved by an order of the Secretary issued under this sub-
section may seek relief in the appropriate United States court
of appeals as provided by and in the manner prescribed in
chapter 158 of title 28, United States Code.
‘‘(d) LIMITATION ON APPLICABILITY OF ANTITRUST LAWS.—
‘‘(1) IN GENERAL.—The antitrust laws, as defined in the
first section of the Clayton Act (15 U.S.C. 12), do not apply
to discussions or agreements between a motor carrier providing
transportation of household goods and its agents (whether or
not an agent is also a carrier) related solely to—
‘‘(A) rates for the transportation of household goods
under the authority of the principal carrier;
‘‘(B) accessorial, terminal, storage, or other charges
for services incidental to the transportation of household
goods transported under the authority of the principal
carrier;
‘‘(C) allowances relating to transportation of household
goods under the authority of the principal carrier; and
‘‘(D) ownership of a motor carrier providing transpor-
tation of household goods by an agent or membership on
the board of directors of any such motor carrier by an
agent.
‘‘(2) BOARD REVIEW.—The Board, upon its own initiative
or request, shall review any activities undertaken under para-
graph (1) and shall modify or terminate the activity if necessary
to protect the public interest.
‘‘(e) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) HOUSEHOLD GOODS.—The term ‘household goods’ has
the meaning such term had under section 10102(11) of this
title, as in effect on the day before the effective date of this
section.
‘‘(2) TRANSPORTATION.—The term ‘transportation’ means
transportation that would be subject to the jurisdiction of the
Interstate Commerce Commission under subchapter II of chap-
ter 105 of this title, as in effect on the day before such effective
date, if such subchapter were still in effect.
‘‘§ 13908. Registration and other reforms
‘‘(a) REGULATIONS REPLACING CERTAIN PROGRAMS.—The Sec-
retary, in cooperation with the States, and after notice and oppor-
tunity for public comment, shall issue regulations to replace the
current Department of Transportation identification number sys-
tem, the single State registration system under section 14504, the
registration system contained in this chapter, and the financial
responsibility information system under section 13906 with a single,
on-line, Federal system. The new system shall serve as a clearing-
H. R. 2539—87
house and depository of information on and identification of all
foreign and domestic motor carriers, brokers, and freight for-
warders, and others required to register with the Department as
well as information on safety fitness and compliance with required
levels of financial responsibility. In issuing the regulations, the
Secretary shall consider whether or not to integrate the require-
ments of section 13304 into the new system and may integrate
such requirements into the new system.
‘‘(b) FACTORS TO BE CONSIDERED.—In conducting the rule-
making under subsection (a), the Secretary shall, at a minimum,
consider the following factors:
‘‘(1) Funding for State enforcement of motor carrier safety
regulations.
‘‘(2) Whether the existing single State registration system
is duplicative and burdensome.
‘‘(3) The justification and need for collecting the statutory
fee for such system under section 14504(c)(2)(B)(iv).
‘‘(4) The public safety.
‘‘(5) The efficient delivery of transportation services.
‘‘(6) How, and under what conditions, to extend the registra-
tion system to motor private carriers and to carriers exempt
under sections 13502, 13503, and 13506.
‘‘(c) FEE SYSTEM.—The Secretary may establish, under section
9701 of title 31, a fee system for registration and filing evidence
of financial responsibility under the new system under subsection
(a). Fees collected under the fee system shall cover the costs of
operating and upgrading the registration system, including all
personnel costs associated with the system. Fees collected under
this subsection may be credited to the Department of Transportation
appropriations account for purposes for which such fees are col-
lected, and shall be available for expenditure until expended.
‘‘(d) STATE REGISTRATION PROGRAMS.—If the Secretary deter-
mines that no State should require insurance filings or collect
fees for such filings (including filings and fees authorized under
section 14504), the Secretary may prevent any State or political
subdivision thereof, or any political authority of 2 or more States,
from imposing any insurance filing requirements or fees that are
for the same purposes as filings or fees the Secretary requires
under the new system under subsection (a). The Secretary may
not take any action pursuant to this subsection unless—
‘‘(1) fees that will be collected by the Secretary under
subsection (c) and distributed in each fiscal year to the States
will provide each State with at least as much revenue as
that State received in fiscal year 1995 under section 11506,
as in effect on the day before the effective date of this section;
and
‘‘(2) all States will receive from the distribution of such
fees a minimum apportionment.
‘‘(e) DEADLINE
FOR CONCLUSION; MODIFICATIONS.—Not later
than 24 months after the effective date of this section, the
Secretary—
‘‘(1) shall conclude the rulemaking under this section;
‘‘(2) may implement such changes under this section as
the Secretary considers appropriate and in the public interest;
and
‘‘(3) shall transmit to Congress a report on any findings
of the rulemaking and the changes being implemented under
H. R. 2539—88
this section, together with such recommendations for legislative
language necessary to conform this part to such changes.
‘‘CHAPTER 141—OPERATIONS OF CARRIERS
‘‘SUBCHAPTER I—GENERAL REQUIREMENTS
‘‘Sec.
‘‘14101. Providing transportation and service.
‘‘14102. Leased motor vehicles.
‘‘14103. Loading and unloading motor vehicles.
‘‘14104. Household goods carrier operations.
‘‘SUBCHAPTER II—REPORTS AND RECORDS
‘‘14121. Definitions.
‘‘14122. Records: form; inspection; preservation.
‘‘14123. Financial reporting.
‘‘SUBCHAPTER I—GENERAL REQUIREMENTS
‘‘§ 14101. Providing transportation and service
‘‘(a) ON REASONABLE REQUEST.—A carrier providing transpor-
tation or service subject to jurisdiction under chapter 135 shall
provide the transportation or service on reasonable request. In
addition, a motor carrier shall provide safe and adequate service,
equipment, and facilities.
‘‘(b) CONTRACTS WITH SHIPPERS.—
‘‘(1) IN
GENERAL.—A carrier providing transportation or
service subject to jurisdiction under chapter 135 may enter
into a contract with a shipper, other than for the movement
of household goods described in section 13102(10)(A), to provide
specified services under specified rates and conditions. If the
shipper and carrier, in writing, expressly waive any or all
rights and remedies under this part for the transportation
covered by the contract, the transportation provided under the
contract shall not be subject to the waived rights and remedies
and may not be subsequently challenged on the ground that
it violates the waived rights and remedies. The parties may
not waive the provisions governing registration, insurance, or
safety fitness.
‘‘(2) REMEDY
FOR
BREACH
OF
CONTRACT.—The exclusive
remedy for any alleged breach of a contract entered into under
this subsection shall be an action in an appropriate State
court or United States district court, unless the parties other-
wise agree.
‘‘§ 14102. Leased motor vehicles
‘‘(a) GENERAL AUTHORITY OF SECRETARY.—The Secretary may
require a motor carrier providing transportation subject to jurisdic-
tion under subchapter I of chapter 135 that uses motor vehicles
not owned by it to transport property under an arrangement with
another party to—
‘‘(1) make the arrangement in writing signed by the parties
specifying its duration and the compensation to be paid by
the motor carrier;
‘‘(2) carry a copy of the arrangement in each motor vehicle
to which it applies during the period the arrangement is in
effect;
‘‘(3) inspect the motor vehicles and obtain liability and
cargo insurance on them; and
H. R. 2539—89
‘‘(4) have control of and be responsible for operating those
motor vehicles in compliance with requirements prescribed by
the Secretary on safety of operations and equipment, and with
other applicable law as if the motor vehicles were owned by
the motor carrier.
‘‘(b) RESPONSIBLE PARTY FOR LOADING AND UNLOADING.—The
Secretary shall require, by regulation, that any arrangement,
between a motor carrier of property providing transportation subject
to jurisdiction under subchapter I of chapter 135 and any other
person, under which such other person is to provide any portion
of such transportation by a motor vehicle not owned by the carrier
shall specify, in writing, who is responsible for loading and unload-
ing the property onto and from the motor vehicle.
‘‘§ 14103. Loading and unloading motor vehicles
‘‘(a) SHIPPER RESPONSIBLE FOR ASSISTING.—Whenever a shipper
or receiver of property requires that any person who owns or oper-
ates a motor vehicle transporting property in interstate commerce
(whether or not such transportation is subject to jurisdiction under
subchapter I of chapter 135) be assisted in the loading or unloading
of such vehicle, the shipper or receiver shall be responsible for
providing such assistance or shall compensate the owner or operator
for all costs associated with securing and compensating the person
or persons providing such assistance.
‘‘(b) COERCION PROHIBITED.—It shall be unlawful to coerce or
attempt to coerce any person providing transportation of property
by motor vehicle for compensation in interstate commerce (whether
or not such transportation is subject to jurisdiction under sub-
chapter I of chapter 135) to load or unload any part of such property
onto or from such vehicle or to employ or pay one or more persons
to load or unload any part of such property onto or from such
vehicle; except that this subsection shall not be construed as making
unlawful any activity which is not unlawful under the National
Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70;
29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia
Act.
‘‘§ 14104. Household goods carrier operations
‘‘(a) GENERAL REGULATORY AUTHORITY.—
‘‘(1) PAPERWORK MINIMIZATION.—The Secretary may issue
regulations, including regulations protecting individual ship-
pers, in order to carry out this part with respect to the transpor-
tation of household goods by motor carriers subject to jurisdic-
tion under subchapter I of chapter 135. The regulations and
paperwork required of motor carriers providing transportation
of household goods shall be minimized to the maximum extent
feasible consistent with the protection of individual shippers.
‘‘(2) PERFORMANCE STANDARDS.—
‘‘(A) IN GENERAL.—Regulations of the Secretary protect-
ing individual shippers shall include, where appropriate,
reasonable performance standards for the transportation
of household goods subject to jurisdiction under subchapter
I of chapter 135.
‘‘(B) FACTORS TO CONSIDER.—In establishing perform-
ance standards under this paragraph, the Secretary shall
take into account at least the following—
H. R. 2539—90
‘‘(i) the level of performance that can be achieved
by a well-managed motor carrier transporting house-
hold goods;
‘‘(ii) the degree of harm to individual shippers
which could result from a violation of the regulation;
‘‘(iii) the need to set the level of performance at
a level sufficient to deter abuses which result in harm
to consumers and violations of regulations;
‘‘(iv) service requirements of the carriers;
‘‘(v) the cost of compliance in relation to the
consumer benefits to be achieved from such compliance;
and
‘‘(vi) the need to set the level of performance at
a level designed to encourage carriers to offer service
responsive to shipper needs.
‘‘(3) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing
in this section shall be construed to limit the Secretary’s author-
ity to require reports from motor carriers providing transpor-
tation of household goods or to require such carriers to provide
specified information to consumers concerning their past
performance.
‘‘(b) ESTIMATES.—
‘‘(1) AUTHORITY
TO
PROVIDE
WITHOUT
COMPENSATION.—
Every motor carrier providing transportation of household goods
subject to jurisdiction under subchapter I of chapter 135, upon
request of a prospective shipper, may provide the shipper with
an estimate of charges for transportation of household goods
and for the proposed services. The Secretary shall not prohibit
any such carrier from charging a prospective shipper for provid-
ing a written, binding estimate for the transportation and pro-
posed services.
‘‘(2) APPLICABILITY OF ANTITRUST LAWS.—Any charge for
an estimate of charges provided by a motor carrier to a shipper
for transportation of household goods subject to jurisdiction
under subchapter I of chapter 135 shall be subject to the
antitrust laws, as defined in the first section of the Clayton
Act (15 U.S.C. 12).
‘‘(c) FLEXIBILITY IN WEIGHING SHIPMENTS.—The Secretary shall
issue regulations that provide motor carriers providing transpor-
tation of household goods subject to jurisdiction under subchapter
I of chapter 135 with the maximum possible flexibility in weighing
shipments, consistent with assurance to the shipper of accurate
weighing practices. The Secretary shall not prohibit such carriers
from backweighing shipments or from basing their charges on the
reweigh weights if the shipper observes both the tare and gross
weighings (or, prior to such weighings, waives in writing the oppor-
tunity to observe such weighings) and such weighings are performed
on the same scale.
‘‘SUBCHAPTER II—REPORTS AND RECORDS
‘‘§ 14121. Definitions
‘‘In this subchapter, the following definitions apply:
‘‘(1) CARRIER AND BROKER.—The terms ‘carrier’ and ‘broker’
include a receiver or trustee of a carrier and broker,
respectively.
H. R. 2539—91
‘‘(2) ASSOCIATION.—The term ‘association’ means an
organization maintained by or in the interest of a group of
carriers or brokers providing transportation or service subject
to jurisdiction under chapter 135 that performs a service, or
engages in activities, related to transportation under this part.
‘‘§ 14122. Records: form; inspection; preservation
‘‘(a) FORM
OF RECORDS.—The Secretary or the Board, as
applicable, may prescribe the form of records required to be pre-
pared or compiled under this subchapter by carriers and brokers,
including records related to movement of traffic and receipts and
expenditures of money.
‘‘(b) RIGHT
OF INSPECTION.—The Secretary or Board, or an
employee designated by the Secretary or Board, may on demand
and display of proper credentials—
‘‘(1) inspect and examine the lands, buildings, and equip-
ment of a carrier or broker; and
‘‘(2) inspect and copy any record of—
‘‘(A) a carrier, broker, or association; and
‘‘(B) a person controlling, controlled by, or under com-
mon control with a carrier if the Secretary or Board, as
applicable, considers inspection relevant to that person’s
relation to, or transaction with, that carrier.
‘‘(c) PERIOD FOR PRESERVATION OF RECORDS.—The Secretary
or Board, as applicable, may prescribe the time period during which
operating, accounting, and financial records must be preserved by
carriers and brokers.
‘‘§ 14123. Financial reporting
‘‘(a) REPORTS.—
‘‘(1) ANNUAL REPORTS.—The Secretary shall require Class
I and Class II motor carriers to file with the Secretary annual
financial and safety reports, the form and substance of which
shall be prescribed by the Secretary; except that, at a minimum,
such reports shall include balance sheets and income state-
ments.
‘‘(2) OTHER REPORTS.—The Secretary may require motor
carriers, freight forwarders, brokers, lessors, and associations,
or classes of them as the Secretary may prescribe, to file quar-
terly, periodic, or special reports with the Secretary and to
respond to surveys concerning their operations.
‘‘(b) MATTERS TO BE COVERED.—In determining the matters
to be covered by any reports to be filed under subsection (a),
the Secretary shall consider—
‘‘(1) safety needs;
‘‘(2) the need to preserve confidential business information
and trade secrets and prevent competitive harm;
‘‘(3) private sector, academic, and public use of information
in the reports; and
‘‘(4) the public interest.
‘‘(c) EXEMPTIONS.—
‘‘(1) FROM FILING.—The Secretary may exempt upon good
cause shown any party from the financial reporting require-
ments of subsection (a). Any request for such exemption must
demonstrate, at a minimum, that an exemption is required
to avoid competitive harm and preserve confidential business
information that is not otherwise publicly available.
H. R. 2539—92
‘‘(2) FROM PUBLIC RELEASE.—
‘‘(A) IN
GENERAL.—The Secretary shall allow, upon
request, a filer of a report under subsection (a) that is
not a publicly held corporation or that is not subject to
financial reporting requirements of the Securities and
Exchange Commission, an exemption from the public
release of such report.
‘‘(B) PROCEDURE.—After a request under subparagraph
(A) and notice and opportunity for comment but no event
later than 90 days after the date of such request, the
Secretary shall approve such request if the Secretary finds
that the exemption requested is necessary to avoid competi-
tive harm and to avoid the disclosure of information that
qualifies as a trade secret or privileged or confidential
information under section 552(b)(4) of title 5.
‘‘(C) USE OF DATA FOR INTERNAL DOT PURPOSES.—If
an exemption is granted under this paragraph, nothing
shall prevent the Secretary from using data from reports
filed under this subsection for internal purposes of the
Department of Transportation or including such data in
aggregate industry statistics released for publication if such
inclusion would not render the filer’s data readily identifi-
able.
‘‘(D) PENDING
REQUESTS.—The Secretary shall not
release publicly the report of a carrier making a request
under subparagraph (A) while such request is pending.
‘‘(3) PERIOD OF EXEMPTIONS.—Exemptions granted under
this subsection shall be for 3-year periods.
‘‘(d) STREAMLINING AND SIMPLIFICATION.—The Secretary shall
streamline and simplify, to the maximum extent practicable, any
reporting requirements the Secretary imposes under this section.
‘‘CHAPTER 143—FINANCE
‘‘Sec.
‘‘14301. Security interests in certain motor vehicles.
‘‘14302. Pooling and division of transportation or earnings.
‘‘14303. Consolidation, merger, and acquisition of control of motor carriers of pas-
sengers.
‘‘§ 14301. Security interests in certain motor vehicles
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) MOTOR VEHICLE.—The term ‘motor vehicle’ means a
truck of rated capacity (gross vehicle weight) of at least 10,000
pounds, a highway tractor of rated capacity (gross combination
weight) of at least 10,000 pounds, a property-carrying trailer
or semitrailer with at least one load-carrying axle of at least
10,000 pounds, or a motor bus with a seating capacity of at
least 10 individuals.
‘‘(2) LIEN CREDITOR.—The term ‘lien creditor’ means a credi-
tor having a lien on a motor vehicle and includes an assignee
for benefit of creditors from the date of assignment, a trustee
in a case under title 11 from the date of filing of the petition
in that case, and a receiver in equity from the date of appoint-
ment of the receiver.
‘‘(3) SECURITY
INTEREST.—The term ‘security interest’
means an interest (including an interest established by a condi-
H. R. 2539—93
tional sales contract, mortgage, equipment trust, or other lien
or title retention contract, or lease) in a motor vehicle when
the interest secures payment or performance of an obligation.
‘‘(4) PERFECTION.—The term ‘perfection’, as related to a
security interest, means taking action (including public filing,
recording, notation on a certificate of title, and possession of
collateral by the secured party), or the existence of facts,
required under law to make a security interest enforceable
against general creditors and subsequent lien creditors of a
debtor, but does not include compliance with requirements
related only to the establishment of a valid security interest
between the debtor and the secured party.
‘‘(b) REQUIREMENTS FOR PERFECTION OF SECURITY INTEREST.—
A security interest in a motor vehicle owned by, or in the possession
and use of, a carrier registered under section 13902 of this title
and owing payment or performance of an obligation secured by
that security interest is perfected in all jurisdictions against all
general, and subsequent lien, creditors of, and all persons taking
a motor vehicle by sale (or taking or retaining a security interest
in a motor vehicle) from, that carrier when—
‘‘(1) a certificate of title is issued for a motor vehicle under
a law of a jurisdiction that requires or permits indication,
on a certificate or title, of a security interest in the motor
vehicle if the security interest is indicated on the certificate;
‘‘(2) a certificate of title has not been issued and the law
of the State where the principal place of business of that
carrier is located requires or permits public filing or recording
of, or in relation to, that security interest if there has been
such a public filing or recording; and
‘‘(3) a certificate of title has not been issued and the security
interest cannot be perfected under paragraph (2) of this sub-
section, if the security interest has been perfected under the
law (including the conflict of laws rules) of the State where
the principal place of business of that carrier is located.
‘‘§ 14302. Pooling and division of transportation or earnings
‘‘(a) APPROVAL REQUIRED.—A carrier providing transportation
subject to jurisdiction under subchapter I of chapter 135 may not
agree or combine with another such carrier to pool or divide traffic
or services or any part of their earnings without the approval
of the Board under this section.
‘‘(b) STANDARDS FOR APPROVAL.—The Board may approve and
authorize an agreement or combination between or among motor
carriers of passengers, or between a motor carrier of passengers
and a rail carrier of passengers if the carriers involved assent
to the pooling or division and the Board finds that a pooling or
division of traffic, services, or earnings—
‘‘(1) will be in the interest of better service to the public
or of economy of operation; and
‘‘(2) will not unreasonably restrain competition.
‘‘(c) PROCEDURE.—
‘‘(1) APPLICATION.—Any motor carrier of property may
apply to the Board for approval of an agreement or combination
with another such carrier to pool or divide traffic or any services
or any part of their earnings by filing such agreement or
combination with the Board not less than 50 days before its
effective date.
H. R. 2539—94
‘‘(2) DETERMINATION
OF
IMPORTANCE
AND
RESTRAINT
ON
COMPETITION.—Prior to the effective date of the agreement
or combination, the Board shall determine whether the agree-
ment or combination is of major transportation importance
and whether there is substantial likelihood that the agreement
or combination will unduly restrain competition. If the Board
determines that neither of these 2 factors exists, it shall, prior
to such effective date and without a hearing, approve and
authorize the agreement or combination, under such rules and
regulations as the Board may issue, and for such consideration
between such carriers and upon such terms and conditions
as shall be found by the Board to be just and reasonable.
‘‘(3) HEARING.—If the Board determines either that the
agreement or combination is of major transportation importance
or that there is substantial likelihood that the agreement or
combination will unduly restrain competition, the Board shall
hold a hearing concerning whether the agreement or combina-
tion will be in the interest of better service to the public
or of economy in operation and whether it will unduly restrain
competition and shall suspend operation of such agreement
or combination pending such hearing and final decision thereon.
After such hearing, the Board shall indicate to what extent
it finds that the agreement or combination will be in the
interest of better service to the public or of economy in operation
and will not unduly restrain competition and if assented to
by all the carriers involved, shall to that extent, approve and
authorize the agreement or combination, under such rules and
regulations as the Board may issue, and for such consideration
between such carriers and upon such terms and conditions
as shall be found by the Board to be just and reasonable.
‘‘(4) SPECIAL
RULES
FOR
HOUSEHOLD
GOODS
CARRIERS.—
In the case of an application for Board approval of an agreement
or combination between a motor carrier providing transpor-
tation of household goods and its agents to pool or divide
traffic or services or any part of their earnings, such agreement
or combination shall be presumed to be in the interest of
better service to the public and of economy in operation and
not to restrain competition unduly if the practices proposed
to be carried out under such agreement or combination are
the same as or similar to practices carried out under agree-
ments and combinations between motor carriers providing
transportation of household goods to pool or divide traffic or
service of any part of their earnings approved by the Interstate
Commerce Commission before the effective date of this section.
‘‘(5) STREAMLINING
AND
SIMPLIFYING.—The Board shall
streamline, simplify, and expedite, to the maximum extent
practicable, the process (including any paperwork) for submis-
sion and approval of applications under this section for agree-
ments and combinations between motor carriers providing
transportation of household goods and their agents.
‘‘(d) CONDITIONS.—The Board may impose conditions governing
the pooling or division and may approve and authorize payment
of a reasonable consideration between the carriers.
‘‘(e) INITIATION
OF PROCEEDING.—The Board may begin a
proceeding under this section on its own initiative or on application.
‘‘(f) EFFECT OF APPROVAL.—A carrier may participate in an
arrangement approved by or exempted by the Board under this
H. R. 2539—95
section without the approval of any other Federal, State, or munici-
pal body. A carrier participating in an approved or exempted
arrangement is exempt from the antitrust laws and from all other
law, including State and municipal law, as necessary to let that
person carry out the arrangement.
‘‘(g) CONTINUATION
OF EXISTING AGREEMENTS.—Any agree-
ments in operation under the provisions of this title on the effective
date of this section that are succeeded by this section shall remain
in effect until further order of the Board.
‘‘(h) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) HOUSEHOLD GOODS.—The term ‘household goods’ has
the meaning such term had under section 10102(11) of this
title, as in effect on the day before the effective date of this
section.
‘‘(2) TRANSPORTATION.—The term ‘transportation’ means
transportation that would be subject to the jurisdiction of the
Interstate Commerce Commission under subchapter II of chap-
ter 105 of this title, as in effect on the day before such effective
date, if such subchapter were still in effect.
‘‘§ 14303. Consolidation, merger, and acquisition of control
of motor carriers of passengers
‘‘(a) APPROVAL REQUIRED.—The following transactions involving
motor carriers of passengers subject to jurisdiction under subchapter
I of chapter 135 may be carried out only with the approval of
the Board:
‘‘(1) Consolidation or merger of the properties or franchises
of at least 2 carriers into one operation for the ownership,
management, and operation of the previously separately owned
properties.
‘‘(2) A purchase, lease, or contract to operate property of
another carrier by any number of carriers.
‘‘(3) Acquisition of control of a carrier by any number of
carriers.
‘‘(4) Acquisition of control of at least 2 carriers by a person
that is not a carrier.
‘‘(5) Acquisition of control of a carrier by a person that
is not a carrier but that controls any number of carriers.
‘‘(b) STANDARD FOR APPROVAL.—The Board shall approve and
authorize a transaction under this section when it finds the trans-
action is consistent with the public interest. The Board shall con-
sider at least the following:
‘‘(1) The effect of the proposed transaction on the adequacy
of transportation to the public.
‘‘(2) The total fixed charges that result from the proposed
transaction.
‘‘(3) The interest of carrier employees affected by the pro-
posed transaction.
The Board may impose conditions governing the transaction.
‘‘(c) DETERMINATION
OF
COMPLETENESS
OF
APPLICATION.—
Within 30 days after the date on which an application is filed
under this section, the Board shall either publish a notice of the
application in the Federal Register or reject the application if it
is incomplete.
H. R. 2539—96
‘‘(d) COMMENTS.—Written comments about an application may
be filed with the Board within 45 days after the date on which
notice of the application is published under subsection (c).
‘‘(e) DEADLINES.—The Board shall conclude evidentiary proceed-
ings by the 240th day after the date on which notice of the applica-
tion is published under subsection (c). The Board shall issue a
final decision by the 180th day after the conclusion of the evi-
dentiary proceedings. The Board may extend a time period under
this subsection; except that the total of all such extensions with
respect to any application shall not exceed 90 days.
‘‘(f) EFFECT OF APPROVAL.—A carrier or corporation participat-
ing in or resulting from a transaction approved by the Board under
this section, or exempted by the Board from the application of
this section pursuant to section 13541, may carry out the trans-
action, own and operate property, and exercise control or franchises
acquired through the transaction without the approval of a State
authority. A carrier, corporation, or person participating in the
approved or exempted transaction is exempt from the antitrust
laws and from all other law, including State and municipal law,
as necessary to let that person carry out the transaction, hold,
maintain, and operate property, and exercise control or franchises
acquired through the transaction.
‘‘(g) LIMITATION ON APPLICABILITY.—This section shall not apply
to transactions involving carriers whose aggregate gross operating
revenues were not more than $2,000,000 during a period of 12
consecutive months ending not more than 6 months before the
date of the agreement of the parties.
‘‘(h) APPLICABILITY OF CERTAIN PROVISIONS.—When the Board
approves and authorizes a transaction under this section in which
a person not a carrier providing transportation subject to jurisdic-
tion under subchapter I of chapter 135 acquires control of at least
1 carrier subject to such jurisdiction, the person is subject, as
a carrier, to the following provisions of this title that apply to
the carrier being acquired by that person, to the extent specified
by the Board: sections 504(f), 14121–14123, 14901(a), and 14907.
‘‘(i) INTERIM APPROVAL.—Pending determination of an applica-
tion filed under this section, the Board may approve, for a period
of not more than 180 days, the operation of the properties sought
to be acquired by the person proposing in the application to acquire
those properties, when it appears that failure to do so may result
in destruction of or injury to those properties or substantially inter-
fere with their future usefulness in providing adequate and continu-
ous service to the public. Transportation provided by a motor carrier
under a grant of approval under this subsection is subject to this
part.
‘‘(j) SUPPLEMENTAL ORDERS.—When cause exists, the Board
may issue appropriate orders supplemental to an order made in
a proceeding under this section.
‘‘CHAPTER 145—FEDERAL-STATE RELATIONS
‘‘Sec.
‘‘14501. Federal authority over intrastate transportation.
‘‘14502. Tax discrimination against motor carrier transportation property.
‘‘14503. Withholding State and local income tax by certain carriers.
‘‘14504. Registration of motor carriers by a State.
‘‘14505. State tax.
H. R. 2539—97
‘‘§ 14501. Federal authority over intrastate transportation
‘‘(a) MOTOR CARRIERS OF PASSENGERS.—No State or political
subdivision thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the force and effect
of law relating to scheduling of interstate or intrastate transpor-
tation (including discontinuance or reduction in the level of service)
provided by motor carrier of passengers subject to jurisdiction under
subchapter I of chapter 135 of this title on an interstate route
or relating to the implementation of any change in the rates for
such transportation or for any charter transportation except to
the extent that notice, not in excess of 30 days, of changes in
schedules may be required. This subsection shall not apply to intra-
state commuter bus operations.
‘‘(b) FREIGHT FORWARDERS AND BROKERS.—
‘‘(1) GENERAL RULE.—Subject to paragraph (2) of this sub-
section, no State or political subdivision thereof and no intra-
state agency or other political agency of 2 or more States
shall enact or enforce any law, rule, regulation, standard, or
other provision having the force and effect of law relating
to intrastate rates, intrastate routes, or intrastate services of
any freight forwarder or broker.
‘‘(2) CONTINUATION
OF
HAWAII’S
AUTHORITY.—Nothing in
this subsection and the amendments made by the Surface
Freight Forwarder Deregulation Act of 1986 shall be construed
to affect the authority of the State of Hawaii to continue to
regulate a motor carrier operating within the State of Hawaii.
‘‘(c) MOTOR CARRIERS OF PROPERTY.—
‘‘(1) GENERAL
RULE.—Except as provided in paragraphs
(2) and (3), a State, political subdivision of a State, or political
authority of 2 or more States may not enact or enforce a
law, regulation, or other provision having the force and effect
of law related to a price, route, or service of any motor carrier
(other than a carrier affiliated with a direct air carrier covered
by section 41713(b)(4)) or any motor private carrier, broker,
or freight forwarder with respect to the transportation of prop-
erty.
‘‘(2) MATTERS NOT COVERED.—Paragraph (1)—
‘‘(A) shall not restrict the safety regulatory authority
of a State with respect to motor vehicles, the authority
of a State to impose highway route controls or limitations
based on the size or weight of the motor vehicle or the
hazardous nature of the cargo, or the authority of a State
to regulate motor carriers with regard to minimum
amounts of financial responsibility relating to insurance
requirements and self-insurance authorization;
‘‘(B) does not apply to the transportation of household
goods; and
‘‘(C) does not apply to the authority of a State or
a political subdivision of a State to enact or enforce a
law, regulation, or other provision relating to the price
of for-hire motor vehicle transportation by a tow truck,
if such transportation is performed without the prior con-
sent or authorization of the owner or operator of the motor
vehicle.
‘‘(3) STATE STANDARD TRANSPORTATION PRACTICES.—
H. R. 2539—98
‘‘(A) CONTINUATION.—Paragraph (1) shall not affect any
authority of a State, political subdivision of a State, or
political authority of 2 or more States to enact or enforce
a law, regulation, or other provision, with respect to the
intrastate transportation of property by motor carriers,
related to—
‘‘(i) uniform cargo liability rules,
‘‘(ii) uniform bills of lading or receipts for property
being transported,
‘‘(iii) uniform cargo credit rules,
‘‘(iv) antitrust immunity for joint line rates or
routes, classifications, mileage guides, and pooling, or
‘‘(v) antitrust immunity for agent-van line oper-
ations (as set forth in section 13907),
if such law, regulation, or provision meets the requirements
of subparagraph (B).
‘‘(B) REQUIREMENTS.—A law, regulation, or provision
of a State, political subdivision, or political authority meets
the requirements of this subparagraph if—
‘‘(i) the law, regulation, or provision covers the
same subject matter as, and compliance with such
law, regulation, or provision is no more burdensome
than compliance with, a provision of this part or a
regulation issued by the Secretary or the Board under
this part; and
‘‘(ii) the law, regulation, or provision only applies
to a carrier upon request of such carrier.
‘‘(C) ELECTION.—Notwithstanding any other provision
of law, a carrier affiliated with a direct air carrier through
common controlling ownership may elect to be subject to
a law, regulation, or provision of a State, political subdivi-
sion, or political authority under this paragraph.
‘‘(4) NONAPPLICABILITY TO HAWAII.—This subsection shall
not apply with respect to the State of Hawaii.
‘‘§ 14502. Tax discrimination against motor carrier transpor-
tation property
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ASSESSMENT.—The term ‘assessment’ means valuation
for a property tax levied by a taxing district.
‘‘(2) ASSESSMENT
JURISDICTION.—The term ‘assessment
jurisdiction’ means a geographical area in a State used in
determining the assessed value of property for ad valorem
taxation.
‘‘(3) MOTOR CARRIER TRANSPORTATION PROPERTY.—The term
‘motor carrier transportation property’ means property, as
defined by the Secretary, owned or used by a motor carrier
providing transportation in interstate commerce whether or
not such transportation is subject to jurisdiction under sub-
chapter I of chapter 135.
‘‘(4) COMMERCIAL
AND
INDUSTRIAL
PROPERTY.—The term
‘commercial and industrial property’ means property, other than
transportation property and land used primarily for agricultural
purposes or timber growing, devoted to a commercial or indus-
trial use, and subject to a property tax levy.
H. R. 2539—145
(c) CHAPTER 5.—Subchapter I of chapter 5 of such title is
amended—
(1) by striking ‘‘DUTIES’’ the first place it appears in
the subchapter heading; and
(2) in section 501(a)(1) by striking ‘‘section 10102’’ and
inserting in lieu thereof ‘‘sections 10102 and 13102’’.
(d) SECTION 5102.—Section 5102(7) of such title is amended—
(1) by striking ‘‘common’’;
(2) by striking ‘‘motor contract carrier,’’; and
(3) by striking ‘‘10102’’ and inserting in lieu thereof ‘‘13102’’.
(e) SECTION 5333.—Section 5333(b)(3) of such title is amended
by striking ‘‘11347’’ and inserting in lieu thereof ‘‘11326’’.
(f) CHAPTER 221.—Chapter 221 of such title is amended—
(1) in section 22101(a) by striking ‘‘subchapter I of chapter
105’’ and inserting in lieu thereof ‘‘part A of subtitle IV’’;
(2) in section 22101(a)(1) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board’’;
(3) in section 22103(b)(1) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board’’;
(4) in section 22107(c)—
(A) by striking ‘‘Interstate Commerce Commission’’ and
inserting in lieu thereof ‘‘Surface Transportation Board’’;
and
(B) by striking ‘‘Commission’’ the second place it
appears and inserting in lieu thereof ‘‘Board’’; and
(5) in section 22107(d) by striking ‘‘subchapter I of chapter
105’’ and inserting in lieu thereof ‘‘part A of subtitle IV’’.
(g) SECTION 24301.—Section 24301 of such title is amended—
(1) in subsection (c)—
(A) by striking ‘‘Subtitle IV’’ in paragraph (1) and
inserting in lieu thereof ‘‘Part A of subtitle IV’’;
(B) by striking ‘‘sections 10721–10724 of this title
apply’’ in paragraph (2)(A) and inserting in lieu thereof
‘‘section 10721 of this title applies’’; and
(C) by striking ‘‘Interstate Commerce Commission
under any provision of subtitle IV of this title applicable
to a carrier subject to subchapter I of chapter 105’’ in
paragraph (2)(B) and inserting in lieu thereof ‘‘Surface
Transportation Board under part A of subtitle IV’’; and
(2) in subsection (d) by striking ‘‘common carrier subject
to subchapter I of chapter 105’’ and inserting in lieu thereof
‘‘rail carrier subject to part A of subtitle IV’’.
(h) SECTION 24501.—Section 24501(b) of such title is amended
by striking ‘‘subchapter I of chapter 105’’ and inserting in lieu
thereof ‘‘part A of subtitle IV’’.
(i) SECTION 24705.—Section 24705 of such title is amended
by striking subsection (d).
(j) SECTIONS 30103 AND 30166.—Sections 30103(a) and 30106(d)
of such title are each amended by striking ‘‘subchapter II of chapter
105’’ each place it appears and inserting in lieu thereof ‘‘subchapter
I of chapter 135’’.
(k) CHAPTER 315.—Chapter 315 of such title is amended—
(1) in section 31501(2) by striking ‘‘10102’’ and inserting
in lieu thereof ‘‘13102’’;
H. R. 2539—146
(2) in section 31501(3)(A) by striking ‘‘10521(a)’’ and insert-
ing in lieu thereof ‘‘13501’’;
(3) in section 31502(a)(1) by striking ‘‘10521 and 10522’’
by inserting in lieu thereof ‘‘13501 and 13502’’; and
(4) in section 31503(a) by striking ‘‘subchapter II of chapter
105’’ and inserting in lieu thereof ‘‘subchapter I of chapter
135’’.
(l) SECTIONS 41309 AND 41502.—Sections 41309(b)(2)(A) and
41502 of such title are each amended by striking ‘‘common’’ each
place it appears.
(m) SECTION 60115.—Section 60115(b)(4)(A) of such title is
amended by striking ‘‘(referred to in section 10344(f) of this title)’’.
Subtitle B—Other Amendments
SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENTS.
Section 201 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1291) is amended—
(1) by striking ‘‘Interstate Commerce Commission’’ each
place it appears and inserting in lieu thereof ‘‘Surface Transpor-
tation Board’’;
(2) by striking ‘‘Commission’’ each place it appears (other
than a place to which paragraph (1) applies) and inserting
in lieu thereof ‘‘Board’’; and
(3) by striking ‘‘Commission’s’’ in subsection (b) and insert-
ing in lieu thereof ‘‘Board’s’’.
SEC. 312. ANIMAL WELFARE ACT AMENDMENT.
Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a))
is amended by striking ‘‘Interstate Commerce Commission’’ and
inserting in lieu thereof ‘‘Surface Transportation Board’’.
SEC. 313. FEDERAL ELECTION CAMPAIGN ACT OF 1971 AMENDMENTS.
Section 401 of the Federal Election Campaign Act of 1971
is amended—
(1) by striking ‘‘Interstate Commerce Commission shall
each promulgate, within ninety days after the date of enactment
of this Act’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board shall each maintain’’; and
(2) by inserting ‘‘or Board’’ after ‘‘or such Commission’’.
SEC. 314. FAIR CREDIT REPORTING ACT AMENDMENT.
Section 621(b)(4) of the Fair Credit Reporting Act (15 U.S.C.
1681s(b)(4)) is amended by striking ‘‘Interstate Commerce Commis-
sion with respect to any common carrier subject to those Acts’’
and inserting in lieu thereof ‘‘Secretary of Transportation, with
respect to all carriers subject to the jurisdiction of the Surface
Transportation Board’’.
SEC. 315. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.
Section 704(a)(4) of the Equal Credit Opportunity Act (15 U.S.C.
1691c(a)(4)) is amended by striking ‘‘Interstate Commerce Commis-
sion with respect to any common carrier subject to those Acts’’
and inserting in lieu thereof ‘‘Secretary of Transportation, with
respect to all carriers subject to the jurisdiction of the Surface
Transportation Board’’.
H. R. 2539—147
SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT.
Section 814(b)(4) of the Fair Debt Collection Practices Act (15
U.S.C. 1692l(b)(4)) is amended by striking ‘‘Interstate Commerce
Commission with respect to any common carrier subject to those
Acts’’ and inserting in lieu thereof ‘‘Secretary of Transportation,
with respect to all carriers subject to the jurisdiction of the Surface
Transportation Board’’.
SEC. 317. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.
The National Trails System Act is amended—
(1) in section 8(d)—
(A) by striking ‘‘Chairman of the Interstate Commerce
Commission’’ and inserting in lieu thereof ‘‘Chairman of
the Surface Transportation Board’’; and
(B) by striking ‘‘Commission’’ the second place it
appears and inserting in lieu thereof ‘‘Board’’; and
(2) in section 9(b) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board’’.
SEC. 318. CLAYTON ACT AMENDMENTS.
The Clayton Act is amended—
(1) in section 7 (15 U.S.C. 18)—
(A) by striking ‘‘Interstate Commerce Commission’’ and
inserting in lieu thereof ‘‘Surface Transportation Board’’;
and
(B) by inserting ‘‘, Board,’’ after ‘‘vesting such power
in such Commission’’;
(2) in section 11(a) (15 U.S.C. 21(a)) by striking ‘‘Interstate
Commerce Commission where applicable to common carriers
subject to the Interstate Commerce Act, as amended’’ and
inserting in lieu thereof ‘‘Surface Transportation Board where
applicable to common carriers subject to jurisdiction under
subtitle IV of title 49, United States Code’’; and
(3) in section 16 (15 U.S.C. 22) by striking ‘‘in equity
for injunctive relief’’ and all that follows through ‘‘Interstate
Commerce Commission’’ and inserting in lieu thereof ‘‘for
injunctive relief against any common carrier subject to the
jurisdiction of the Surface Transportation Board under subtitle
IV of title 49, United States Code’’.
SEC. 319. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.
Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by striking ‘‘the Interstate Commerce Commis-
sion,’’.
SEC. 320. ENERGY POLICY ACT OF 1992 AMENDMENTS.
Subsections (a) and (d) of section 1340 of the Energy Policy
Act of 1992 (42 U.S.C. 13369 (a) and (d)) are each amended by
striking ‘‘Interstate Commerce Commission’’ and inserting in lieu
thereof ‘‘Surface Transportation Board’’.
SEC. 321. MERCHANT MARINE ACT, 1920, AMENDMENTS.
The Merchant Marine Act, 1920, is amended—
(1) in section 8 (46 U.S.C. App. 867)—
(A) by striking ‘‘Interstate Commerce Commission’’
both places it appears and inserting in lieu thereof ‘‘Surface
Transportation Board’’; and
H. R. 2539—148
(B) by striking ‘‘commission’’ and inserting in lieu
thereof ‘‘Board’’;
(2) in section 27A (46 U.S.C. App. 883–1) by striking ‘‘com-
mon or contract’’ and all that follows through ‘‘, which other-
wise’’ and inserting in lieu thereof ‘‘carrier subject to jurisdiction
under subchapter II of chapter 135 of title 49, United States
Code, which otherwise’’; and
(3) in section 28 (46 U.S.C. App. 884)—
(A) by striking ‘‘common’’;
(B) by striking ‘‘Interstate Commerce Commission’’ and
inserting in lieu thereof ‘‘Surface Transportation Board’’;
and
(C) by striking ‘‘commission’’ each place it appears
and inserting in lieu thereof ‘‘Board’’.
SEC. 322. RAILWAY LABOR ACT AMENDMENTS.
Section 1 of the Railway Labor Act (45 U.S.C. 151) is amended—
(1) in the first paragraph by striking ‘‘express company,
sleeping-car company, carrier by railroad, subject to the Inter-
state Commerce Act’’ and inserting in lieu thereof ‘‘railroad
subject to the jurisdiction of the Surface Transportation Board’’;
(2) in the first and fifth paragraphs by striking ‘‘Interstate
Commerce Commission’’ each place it appears and inserting
in lieu thereof ‘‘Surface Transportation Board’’; and
(3) in the fifth paragraph by striking ‘‘Commission’’ the
second and fourth places it appears and inserting in lieu thereof
‘‘Board’’.
SEC. 323. RAILROAD RETIREMENT ACT OF 1974 AMENDMENTS.
Section 1 of the Railroad Retirement Act of 1974 (45 U.S.C.
231) is amended—
(1) by striking subsection (a)(1)(i) and inserting in lieu
thereof the following:
‘‘(i) any carrier by railroad subject to the jurisdiction of
the Surface Transportation Board under part A of subtitle
IV of title 49, United States Code;’’;
(2) in subsection (a)(2)(ii) by striking ‘‘Interstate Commerce
Commission is hereby authorized and directed upon request
of the Board’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board is hereby authorized and directed upon request
of the Railroad Retirement Board’’; and
(3) in subsection (o) by inserting ‘‘the Surface Transpor-
tation Board,’’ after ‘‘the Interstate Commerce Commission,’’.
SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENTS.
The Railroad Unemployment Insurance Act is amended—
(1) in section 1(a) (45 U.S.C. 351(a)) by striking ‘‘Interstate
Commerce Commission is hereby authorized and directed upon
request of the Board’’ and inserting in lieu thereof ‘‘Surface
Transportation Board is hereby authorized and directed upon
request of the Railroad Retirement Board’’;
(2) by striking paragraph (b) of such section 1 and inserting
in lieu thereof the following:
‘‘(b) The term ‘carrier’ means a railroad subject to the jurisdic-
tion of the Surface Transportation Board under part A of subtitle
IV of title 49, United States Code.’’; and
(3) by striking ‘‘Interstate Commerce Commission, adjusted,
as determined by the Board’’ in section 2(h)(3) (45 U.S.C.
H. R. 2539—149
352(h)(3)) and inserting in lieu thereof ‘‘Surface Transportation
Board, adjusted, as determined by the Railroad Retirement
Board’’.
SEC. 325. EMERGENCY RAIL SERVICES ACT OF 1970 AMENDMENTS.
The Emergency Rail Services Act of 1970 is amended—
(1) in section 2 (45 U.S.C. 661)—
(A) by striking paragraph (2) and inserting in lieu
thereof the following:
‘‘(2) ‘Board’ means the Surface Transportation Board.’’; and
(B) in paragraph (3) by striking ‘‘common carrier by
railroad subject to part I of the Interstate Commerce Act
(49 U.S.C. 1–27)’’ and inserting in lieu thereof ‘‘rail carrier
subject to part A of subtitle IV of title 49, United States
Code’’;
(2) in section 3—
(A) by striking ‘‘the provisions of section 5 of the Inter-
state Commerce Act’’ in subsection (b)(4) and inserting
in lieu thereof ‘‘subchapter II of chapter 113 of title 49,
United States Code’’; and
(B) by striking ‘‘Commission’’ each place it appears
and inserting in lieu thereof ‘‘Board’’; and
(3) in section 6(a) (45 U.S.C. 665(a)) by striking ‘‘Interstate
Commerce Commission’’ and inserting in lieu thereof ‘‘Board’’.
SEC. 326. ALASKA RAILROAD TRANSFER ACT OF 1982 AMENDMENTS.
Section 608 of the Alaska Railroad Transfer Act of 1982 (45
U.S.C. 1207) is amended—
(1) by striking ‘‘the jurisdiction of the Interstate Commerce
Commission under chapter 105’’ in subsection (a)(1) and insert-
ing in lieu thereof ‘‘part A’’; and
(2) by striking ‘‘the jurisdiction of the Interstate Commerce
Commission under chapter 105’’ in subsection (c) and inserting
in lieu thereof ‘‘part A’’.
SEC. 327. REGIONAL RAIL REORGANIZATION ACT OF 1973 AMEND-
MENTS.
The Regional Rail Reorganization Act of 1973 is amended—
(1) in section 102(15) (45 U.S.C. 702(15)) by striking ‘‘com-
mon carrier by railroad as defined in section 1(3) of part I
of the Interstate Commerce Act (49 U.S.C. 1(3))’’ and inserting
in lieu thereof ‘‘rail carrier subject to part A of subtitle IV
of title 49, United States Code’’;
(2) in section 301(b) (45 U.S.C. 741(b)) by striking ‘‘common
carrier by railroad under section 1(3) of the Interstate Com-
merce Act (49 U.S.C. 1(3))’’ and inserting in lieu thereof ‘‘rail
carrier subject to part A of subtitle IV of title 49, United
States Code’’;
(3) in section 304 (45 U.S.C. 744)—
(A) by striking ‘‘205(d)(6) of this Act’’ in subsection
(a)(2)(B) and inserting in lieu thereof ‘‘10362(b)(6) of title
49, United States Code’’;
(B) by striking ‘‘Interstate Commerce Act’’ and insert-
ing in lieu thereof ‘‘part A of subtitle IV of title 49, United
States Code’’;
(C) in subsection (d)(3)—
H. R. 2539—150
(i) by striking ‘‘this title,’’ and all that follows
through ‘‘(A) shall take’’ and inserting in lieu thereof
‘‘this title, the Commission shall take’’; and
(ii) by striking ‘‘this subsection; and’’ and all that
follows through ‘‘205(d)(6) of this Act’’ and inserting
in lieu thereof ‘‘this subsection’’;
(D) in subsection (e)(4)—
(i) by striking ‘‘and under regulations issued by
the Office pursuant to section 205(d)(5) of this Act’’
in subparagraph (A); and
(ii) by striking ‘‘and regulations issued by the
Office pursuant to section 205(d)(5) of this Act’’ in
subparagraph (C);
(E) in subsection (e)(5)—
(i) by striking ‘‘and under regulations issued by
the Office pursuant to section 205(d)(5) of this Act’’
in subparagraph (A); and
(ii) by striking ‘‘and under regulations issued by
the Office pursuant to section 205(d)(5) of this Act’’
in subparagraph (B);
(F) in subsection (e)(7)(A) by striking ‘‘and under regu-
lations issued by the Office pursuant to section 205(d)(5)
of this Act’’; and
(G) in subsection (g) by striking ‘‘the Interstate Com-
merce Act’’ and inserting in lieu thereof ‘‘part A of subtitle
IV of title 49, United States Code’’;
(4) in section 308 (45 U.S.C. 748)—
(A) by striking ‘‘10905(d)–(f)’’ in subsection (d)(1) and
inserting in lieu thereof ‘‘10904’’; and
(B) by striking ‘‘10903(b)(2)’’ in subsection (f) and
inserting in lieu thereof ‘‘10903(b)(3)’’; and
(5) by inserting after section 712 the following new section:
‘‘CLASS II RAILROADS RECEIVING FEDERAL ASSISTANCE
‘‘SEC. 713. The Surface Transportation Board shall impose no
labor protection conditions in approving an application under section
10902 of title 49, United States Code, when the application involves
a Class II rail carrier which—
‘‘(1) is headquartered in a State, and operates in at least
one State, with a population of less than 1,000,000 persons,
as determined by the 1990 census; and
‘‘(2) has, as of January 1, 1996, been a recipient of repayable
Federal Railroad Administration assistance in excess of
$5,000,000.’’.
SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT AMENDMENT.
Section 18 of the Milwaukee Railroad Restructuring Act (45
U.S.C. 916) is repealed.
SEC. 329. ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE
ASSISTANCE ACT AMENDMENTS.
The Rock Island Railroad Transition and Employee Assistance
Act is amended—
(1) in section 104(a) (45 U.S.C. 1003(a)) by striking ‘‘section
11125 of title 49, United States Code, or’’; and
(2) by striking section 120 (45 U.S.C. 1015).