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SEC. 368. CIVIL PENALTY FOR ACCEPTING REBATES FROM
COMMON CARRIER.
Section 11902 is amended by striking ‘‘contained in
a tariff filed with the Commission under subchapter IV of
chapter 107 of this title’’.
SEC. 369. RATE, DISCRIMINATION, AND TARIFF VIOLA-
TIONS.
Section 11903 is amended by striking ‘‘under chapter
107 of this title’’ in subsection (a).
SEC. 370. ADDITIONAL RATE AND DISCRIMINATION VIOLA-
TIONS.
Section 11904 is amended by—
(1) striking subsections (b) through (d);
(2) striking ‘‘(a)(1)’’ in subsection (a) and in-
serting ‘‘(a)’’;
(3) redesignating paragraphs (2) and (3) of sub-
section (a) as subsections (b) and (c), respectively;
(4) striking ‘‘(A)’’ and ‘‘(B)’’ in subsection (b),
as redesignated, and inserting ‘‘(1)’’ and ‘‘(2)’’, re-
spectively;
(5) striking ‘‘subchapter I of’’ in subsections (b)
and (c), as redesignated; and
(6) striking ‘under chapter 107 of this title’’ in
subsection (b), as redesignated.
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SEC. 371. INTERFERENCE WITH RAILROAD CAR SUPPLY.
Section 11907 is amended by striking ‘‘subchapter I
of’’ in subsections (a) and (b).
SEC. 372. RECORD KEEPING AND REPORTING VIOLATIONS.
Section 11909 is amended by—
(1) striking subsections (b) through (d);
(2) striking ‘‘subchapter I of’’ in subsection (a);
and
(3) striking ‘‘(a)’’ in subsection (a).
SEC. 373. UNLAWFUL DISCLOSURE OF INFORMATION.
Section 11910 is amended by—
(1) striking paragraphs (2) through (4) of sub-
section (a);
(2) striking ‘‘(a)(1)’’ in subsection (a) and in-
serting ‘‘(a)’’;
(3) striking ‘‘(A)’’ and ‘‘(B)’’ in subsection (a)
and inserting ‘‘(1) and ‘‘(2)’’, respectively;
(4) striking ‘‘subchapter I of’’ in subsections (a)
and (d); and
(5) striking ‘‘or broker’’ in subsection (b).
SEC. 374. CONSOLIDATION, MERGER, AND ACQUISITION OF
CONTROL.
Section 11912 is amended by striking out ‘‘11346,’’.
SEC. 375. GENERAL CRIMINAL PENALTY.
Section 11914 is amended by—
(1) striking subsections (b) through (d);
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(2) striking ‘‘(a)’’ in subsection (a);
(3) striking ‘‘subchapter I of’’ in the first sen-
tence; and
(4) striking ‘‘11321(a) or’’ in the last sentence.
SEC. 376. FINANCIAL ASSISTANCE FOR STATE PROJECTS.
Section 22101 is amended by striking ‘‘subchapter I
of’’ in the first sentence of subsection (a).
SEC. 377. STATUS OF AMTRAK AND APPLICABLE LAWS.
Section 24301 is amended by striking ‘‘subchapter I
of’’ in subsections (c)(2)(B) and (d).
SEC. 
378. 
RAIL-SHIPPER 
TRANSPORTATION 
ADVISORY
COUNCIL.
(a) ESTABLISHMENT.—Chapter 103 is amended by
adding at the end thereof the following:
‘‘SUBCHAPTER VI. RAIL—SHIPPER
TRANSPORTATION ADVISORY COUNCIL
§ 10391. Rail—Shipper 
Transportation 
Advisory
Council
‘‘(a) ESTABLISHMENT; MEMBERSHIP.—There is estab-
lished the Rail-Shipper Transportation Advisory Council
(hereinafter in this section referred to as the ‘‘Council’’) to
be composed of 15 members appointed by the Chairman of
the Transportation Board, after recommendation from car-
riers and shippers, within 60 days after the date of enact-
ment of the Interstate Commerce Commission Sunset Act
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of 1995. The members of the Council shall be appointed as
follows:
‘‘(1) The members of the Council shall be ap-
pointed from among citizens of the United States who
are not regular full-time employees of the United
States and shall be selected for appointment so as to
provide as nearly as practicable a broad representa-
tion of the various segments of the rail and rail ship-
per industry.
‘‘(2) Nine of the members shall be appointed
from senior executive officers of organizations engaged
in the railroad and rail shipping industry, which 9
members shall be the voting members of the Council.
Council action and Council positions shall be deter-
mined by a majority vote of the members or by a ma-
jority vote of a quorum thereof. A majority of such
voting members shall constitute a quorum. Of such 9
voting members—
‘‘(A) at least 4 shall be representative of
small shippers (as determined by the Chairman);
and
‘‘(B) at least 4 shall be representative of
small railroads (Class II or III).
‘‘(3) The remaining 6 members of the Council
shall serve in a non-voting advisory capacity only,
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but shall be entitled to participate in Council delib-
erations. Of the remaining members—
‘‘(A) 3 shall be from Class I railroads; and
‘‘(B) 3 shall be from large shipper organiza-
tions (as determined by the Chairman).
‘‘(4) The Secretary of Transportation and the
members of the Transportation Board shall serve as
ex officio members of the Council. The Council shall
not be subject to the Federal Advisory Committee Act.
A list of the members appointed to the Council shall
be forwarded to the Chairmen and ranking members
of the Senate Committee on Commerce, Science, and
Transportation and the House Committee on Trans-
portation and Infrastructure.
‘‘(5) Each ex officio member of the Council may
designate an alternate, who shall serve as a member
of the Council whenever the ex officio member is un-
able to attend a meeting of the Council. Any such des-
ignated alternate shall be selected from individuals
who exercise significant decision-making authority in
the Federal agency involved.
‘‘(b) TERM OF OFFICE.—The members of the Council
shall be appointed for a term of office of three years, except
that of the members first appointed—
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‘‘(1) 5 members shall be appointed for terms of
1 year, and
‘‘(2) 5 members shall be appointed for terms of
2 years,
as designated by the Chairman at the time of appointment.
Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member’s prede-
cessor was appointed shall be appointed only for the re-
mainder of such term. A member may serve after the expira-
tion of his term until his successor has taken office. Vacan-
cies on the Council shall be filled in the same manner in
which the original appointments were made. No member
of the Council shall be eligible to serve in excess of two con-
secutive terms.
‘‘(c) ELECTION
AND DUTIES
OF OFFICERS.—The
Council Chairman and Vice Chairman and other appro-
priate officers of the Council shall be elected by and from
the voting members of the Council. The Council Chairman
shall serve as the Council’s executive officer and shall direct
the administration of the Council, assign officer and com-
mittee duties, and shall be responsible for issuing and com-
municating the reports, policy positions and statements of
the Council. In the event that the Council Chairman is un-
able to serve, the Vice Chairman shall act as Council Chair-
man.
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‘‘(1) the Council Chairman may request directly
from any Federal department or agency such person-
nel, information, services, or facilities, on a com-
pensated or uncompensated basis, as he or she deter-
mines necessary to carry out the functions of the
Council;
‘‘(2) each Federal department or agency may, in
their discretion, furnish the Council with such infor-
mation, services, and facilities as the Council Chair-
man may request to the extent permitted by law and
within the limits of available funds; and
‘‘(3) Federal agencies and departments may, in
their discretion, detail to temporary duty with the
Council, such personnel as the Council Chairman
may request for carrying out the functions of the
Council, each such detail to be without loss of senior-
ity, pay, or other employee status.
‘‘(e) MEETINGS.—The Council shall meet at least semi-
annually and shall hold such other meetings as deemed pru-
dent by and at the call of the Council Chairman. Appro-
priate federal facilities, where available, may be used for
such meetings. Whenever the Council, or a committee of the
Council, considers matters that affect the jurisdictional in-
terests of Federal agencies that are not represented on the
Council, the Council Chairman may invite the heads of
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such agencies, or their alternates, to participate in the de-
liberations of the Council.
‘‘(f) FUNCTIONS AND DUTIES; ANNUAL REPORT.—The
Council shall advise the Secretary, Chairman, and relevant
Congressional transportation policy oversight committees
with respect to rail transportation policy issues it deems
significant, with particular attention to issues of impor-
tance to small shippers and small railroads, including car
supply, rates, competition, and effective procedures for ad-
dressing legitimate shipper and other claims. To the extent
the Council addresses specific grain car issues, it shall co-
ordinate such activities with the Grain Car Council. The
Secretary and Chairman shall work in cooperation with the
Council to provide research, technical and other reasonable
support in developing any documents provided for hereby.
The Council shall endeavor to develop within the private
sector mechanisms to prevent or identify and effectively ad-
dress obstacles to the most effective and efficient transpor-
tation system practicable. The Council shall prepare an an-
nual report concerning its activities and the results of
Council efforts to resolve industry issues within the Council
structure in lieu of seeking regulatory or legislative relief,
and propose whatever regulatory or legislative relief it
deems appropriate in the event such efforts are unsuccessful.
The Council shall include therein such recommendations as
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it deems appropriate with respect to the performance of the
Secretary and Chairman under this chapter, and with re-
spect to the operation and effectiveness of meetings and in-
dustry developments relating to the Council’s efforts, and
such other information as it deems appropriate. Such an-
nual reports shall be reviewed by the Secretary and Chair-
man, and shall include the Secretary’s and Chairman’s
views or comments relating to the accuracy of information
therein, Council efforts and reasonableness of Council posi-
tions and actions and any other aspects of the Council’s
work as they may deem appropriate. The Council may pre-
pare other reports or develop policy statements as the Coun-
cil deems appropriate. Each annual report shall cover a
fiscal year and shall be submitted to the Secretary and
Chairman on or before the thirty-first day of December fol-
lowing the close of the fiscal year. Other such reports and
statements may be communicated as the Council deems ap-
propriate.’’.
(b) CONFORMING AMENDMENT.—The table of sub-
chapters for chapter 103 is amended by adding at the end
thereof the following:
‘‘SUBCHAPTER VI. RAIL AND SHIPPER TRANSPORTATION ADVISORY
COUNCIL
‘‘10391. Rail and shipper advisory council.’’.
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TITLE 
IV—MOTOR 
CARRIER,
WATER 
CARRIER, 
BROKER,
AND 
FREIGHT 
FORWARDER
TRANSPORTATION
Subtitle A—Addition of Part B
SEC. 401. ENACTMENT OF PART B OF SUBTITLE IV, TITLE 49,
UNITED STATES CODE.
Subtitle IV is amended by inserting after chapter 119
the following:
‘‘PART B—MOTOR CARRIERS, WATER CARRIERS,
BROKERS, AND FREIGHT FORWARDERS
‘‘CHAPTER 131—GENERAL PROVISIONS
‘‘§ 13101. Transportation policy
‘‘(a) To ensure the development, coordination, and
preservation of a transportation system that meets the
transportation needs of the United States, including the
United States Postal Service and national defense, it is the
policy of the United States Government to provide for the
impartial regulation of the modes of transportation , and—
‘‘(1) in regulating those modes—
‘‘(A) to recognize and preserve the inherent
advantage of each mode of transportation;
‘‘(B) to promote safe, adequate, economical,
and efficient transportation;
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‘‘(C) to encourage sound economic condi-
tions in transportation, including sound eco-
nomic conditions among carriers;
‘‘(D) to encourage the establishment and
maintenance of reasonable rates for transpor-
tation, without unreasonable discrimination or
unfair or destructive competitive practices;
‘‘(E) to cooperate with each State and the
officials of each State on transportation matters;
and
‘‘(F) to encourage fair wages and working
conditions in the transportation industry;
‘‘(2) in regulating transportation by motor car-
rier, to promote competitive and efficient transpor-
tation services in order to (A) encourage fair competi-
tion, and reasonable rates for transportation by motor
carriers of property; (B) promote Federal regulatory
efficiency in the motor carrier transportation system
and to require fair and expeditious regulatory deci-
sions when regulation is required; (C) meet the needs
of shippers, receivers, passengers, and consumers; (D)
allow a variety of quality and price options to meet
changing market demands and the diverse require-
ments of the shipping and traveling public; (E) allow
the most productive use of equipment and energy re-
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sources; (F) enable efficient and well-managed car-
riers to earn adequate profits, attract capital, and
maintain fair wages and working conditions; (G)
provide and maintain service to small communities
and small shippers and intrastate bus services; (H)
provide and maintain commuter bus operations; (I)
improve and maintain a sound, safe, and competitive
privately owned motor carrier system; (J) promote
greater participation by minorities in the motor car-
rier system; and (K) promote intermodal transpor-
tation;
‘‘(3) in regulating transportation by motor car-
rier of passengers (A) to cooperate with the States on
transportation matters for the purpose of encouraging
the States to exercise intrastate regulatory jurisdic-
tion 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 ini-
tiatives enacted by section 31138 of this title and the
Bus Regulatory Reform Act of 1995 of 1982 are not
nullified by State regulatory actions; and
‘‘(4) in regulating transportation by water car-
rier, to encourage and promote service and price com-
petition in the non-contiguous domestic trade.
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‘‘(b) This part shall be administered and enforced to
carry out the policy of this section.
‘‘§ 13102. Definitions
‘‘In this part—
‘‘(1) ‘broker’ means a person, other than a motor
carrier or an employee or agent of a motor carrier,
that as a principal or agent sells, offers for sale, nego-
tiates for, or holds itself out by solicitation, advertise-
ment, or otherwise as selling, providing, or arranging
for, transportation by motor carrier for compensation.
‘‘(2) ‘carrier’ means a motor carrier, a water
carrier, and a freight forwarder, and, for purposes of
sections 13902, 13905, and 13906, the term includes
foreign motor private carriers;
‘‘(3) ‘contract carriage’ means—
‘‘(A) for transportation provided before the
date of enactment of the Interstate Commerce
Commission Sunset Act of 1995, service provided
pursuant to a permit issued under former section
10923 of this subtitle; and
‘‘(B) for transportation provided on or after
that date, service provided under an agreement
entered into under section 14101(b) of this part;
‘‘(4) ‘‘control’’, when referring to a relationship
between persons, includes actual control, legal control,
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and the power to exercise control, through or by (A)
common directors, officers, stockholders, a voting
trust, or a holding or investment company, or (B)
any other means;
‘‘(5) ‘foreign motor carrier’ means a person (in-
cluding a motor carrier of property but excluding a
motor private carrier)—
‘‘(A)(i) which is domiciled in a contiguous
foreign country; or
‘‘(ii) which is owned or controlled by per-
sons of a contiguous foreign country and is not
domiciled in the United States; and
‘‘(B) in the case of a person which is not a
motor carrier of property, which provides inter-
state transportation of property by motor vehicle
under an agreement or contract entered into
with a motor carrier of property (other than a
motor private carrier or a motor carrier of prop-
erty described in subparagraph (A));
‘‘(6) ‘foreign motor private carrier’ means a per-
son (including a motor private carrier but excluding
a motor carrier of property)—
‘‘(A)(i) which is domiciled in a contiguous
foreign country; or
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‘‘(ii) which is owned or controlled by per-
sons of a contiguous foreign country and is not
domiciled in the United States; and
‘‘(B) in the case of a person which is not a
motor private carrier, which provides interstate
transportation of property by motor vehicle
under an agreement or contract entered into
with a person (other than a motor carrier of
property or a motor private carrier described in
subparagraph (A));
‘‘(7) ‘freight forwarder’ means a person holding
itself out to the general public (other than as a pipe-
line, rail, motor, or water carrier) to provide trans-
portation of property for compensation and in the or-
dinary course of its business—
‘‘(A) assembles and consolidates, or provides
for assembling and consolidating, shipments and
performs or provides for break-bulk and distribu-
tion operations of the shipments;
‘‘(B) assumes responsibility for the trans-
portation from the place of receipt to the place
of destination; and
‘‘(C) uses for any part of the transportation
a carrier subject to jurisdiction under part A or
part B of this subtitle; but the term does not in-
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clude a person using transportation of an air
carrier subject to part A of subtitle VII of this
title;
‘‘(8) ‘highway’ means a road, highway, street,
and way in a State;
‘‘(9) ‘household goods’ means—
‘‘(A) personal effects and property used or
to be used in a dwelling when a part of the
equipment or supply of such dwelling and simi-
lar property, whether the transportation is—
‘‘(i) requested and paid for by the
householder, including transportation of
property from a factory or store when the
property is purchased by the householder
with intent to use in his dwelling; or
‘‘(ii) arranged and paid for by another
party;
‘‘(B) furniture, fixtures, equipment, and the
property of stores, offices, museums, institutions,
hospitals or other establishments when a part of
the stock, equipment, or supply of such stores, of-
fices, museums, institutions, hospitals, or other
establishments and similar property; except that
this subparagraph shall not be construed to in-
clude the stock-in-trade of any establishment,
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whether consignor or consignee, other than used
furniture and used fixtures, except when trans-
ported as incidental to moving of the establish-
ment, or a portion thereof, from one location to
another; and
‘‘(C) articles, including objects of art, dis-
plays, and exhibits, which because of their un-
usual nature or value require the specialized
handling and equipment usually employed in
moving household goods and similar articles; ex-
cept that this subparagraph shall not be con-
strued to include any article, whether crated or
uncrated, which does not, because of its unusual
nature or value, require the specialized handling
and equipment usually employed in moving
household goods;
‘‘(10) ‘household goods freight forwarder’ means
a freight forwarder of one or more of the following
items: household goods, unaccompanied baggage, or
used automobiles;
‘‘(11) ‘motor carrier’ means a person providing
motor vehicle transportation for compensation, in-
cluding foreign motor carriers;
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‘‘(12) ‘motor private carrier’ means a person,
other than a motor carrier, transporting property by
motor vehicle when—
‘‘(A) the transportation is as provided in
section 13501 of this title;
‘‘(B) the person is the owner, lessee, or bail-
ee of the property being transported; and
‘‘(C) the property is being transported for
sale, lease, rent, or bailment, or to further a com-
mercial enterprise;
‘‘(13) ‘motor vehicle’ means a vehicle, machine,
tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used on a highway in trans-
portation, or a combination determined by the Sec-
retary, but does not include a vehicle, locomotive, or
car operated only on a rail, or a trolley bus operated
by electric power from a fixed overhead wire, and
providing local passenger transportation similar to
street-railway service;
‘‘(14) ‘non-contiguous domestic trade’ means
motor-water transportation subject to jurisdiction
under chapter 135 of this title involving traffic origi-
nating in or destined to Alaska, Hawaii, or a terri-
tory or possession of the United States;
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‘‘(15) ‘person’, in addition to its meaning under
section 1 of title 1, includes a trustee, receiver, as-
signee, or personal representative of a person;
‘‘(16) ‘State’ means a State of the United States
and the District of Columbia;
‘‘(17) ‘transportation’ includes—
‘‘(A) a motor vehicle, vessel, warehouse,
wharf, pier, dock, yard, property, facility, in-
strumentality, 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, in-
cluding arranging for, receipt, delivery, ele-
vation, transfer in transit, refrigeration, icing,
ventilation, storage, packing, unpacking, and
interchange of passengers and property;
‘‘(18) ‘United States’ means the States of the
United States and the District of Columbia;
‘‘(19) ‘vessel’ means a watercraft or other artifi-
cial contrivance that is used, is capable of being used,
or is intended to be used, as a means of transpor-
tation by water; and
‘‘(20) ‘water carrier’ means a person providing
water transportation for compensation.
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‘‘§ 13103. Remedies are cumulative
‘‘Except as otherwise provided in this part, the rem-
edies provided under this part are in addition to remedies
existing under another law or at common law.
‘‘CHAPTER 133—ADMINISTRATIVE PROVISIONS
‘‘§ 13301. Powers
‘‘(a) Except as otherwise specified, the Secretary of
Transportation shall carry out this part. Enumeration of
a power of the Secretary in this part does not exclude an-
other power the Secretary may have in carrying out this
part. The Secretary may prescribe regulations in carrying
out this part.
‘‘(b) The Secretary may obtain from carriers provid-
ing, and brokers for, transportation and service subject to
this part, and from persons controlling, controlled by, or
under common control with those carriers or brokers to the
extent that the business of that person is related to the man-
agement of the business of that carrier or broker, informa-
tion the Secretary decides is necessary to carry out this
part.
‘‘(c)(1) The Secretary may subpena witnesses and
records related to a proceeding under this part from any
place in the United States, to the designated place of the
proceeding. If a witness disobeys a subpena, the Secretary,
or a party to a proceeding under this part, may petition
a court of the United States to enforce that subpena.
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‘‘(2) The district courts of the United States have juris-
diction to enforce a subpena issued under this section. Trial
is in the district in which the proceeding is conducted. The
court may punish a refusal to obey a subpena as a contempt
of court.
‘‘(d)(1) In a proceeding under this part, the Secretary
may take the testimony of a witness by deposition and may
order the witness to produce records. A party to a proceed-
ing pending under this part may take the testimony of a
witness by deposition and may require the witness to
produce records at any time after a proceeding is at issue
on petition and answer.
‘‘(2) If a witness fails to be deposed or to produce
records under paragraph (1) of this subsection, the Sec-
retary may subpena the witness to take a deposition,
produce the records, or both.
‘‘(3) A deposition may be taken before a judge of a
court of the United States, a United States magistrate
judge, a clerk of a district court, or a chancellor, justice,
or judge of a supreme or superior court, mayor or chief
magistrate of a city, judge of a county court, or court of
common pleas of any State, or a notary public who is not
counsel or attorney of a party or interested in the proceed-
ing.
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‘‘(4) Before taking a deposition, reasonable notice must
be given in writing by the party or the attorney of that
party proposing to take a deposition to the opposing party
or the attorney of record of that party, whoever is nearest.
The notice shall state the name of the witness and the time
and place of taking the deposition.
‘‘(5) The testimony of a person deposed under this sub-
section 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 sub-
scribed by the deponent.
‘‘(6) The testimony of a witness who is in a foreign
country may be taken by deposition before an officer or per-
son designated by the Secretary or agreed on by the parties
by written stipulation filed with the Secretary. A deposition
shall be filed with the Secretary promptly.
‘‘(e) Each witness summoned before the Secretary or
whose deposition is taken under this section and the indi-
vidual taking the deposition are entitled to the same fees
and mileage paid for those services in the courts of the
United States.
‘‘(f) For those provisions of this part that are specified
to be carried out by the Intermodal Surface Transportation
Board, the Transportation Board shall have the same pow-
ers as the Secretary has under this section.
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‘‘§ 13302. Intervention
‘‘Under regulations of the Secretary of Transportation,
reasonable notice of, and an opportunity to intervene and
participate in, a proceeding under this part related to
transportation subject to jurisdiction under subchapter I of
chapter 135 of this title shall be given to interested persons.
‘‘§ 13303. Service of notice in proceedings under this
part
‘‘(a) A motor carrier, a broker, or a freight forwarder
providing transportation or service subject to jurisdiction
under chapter 135 of this title shall designate in writing
an agent by name and post office address on whom service
of notices in a proceeding before, and of actions of, the Sec-
retary may be made.
‘‘(b) A notice to a motor carrier, broker, or freight for-
warder is served personally or by mail on the motor carrier,
broker, or freight forwarder or on its designated agent. Serv-
ice by mail on the designated agent is made at the address
filed for the agent. When notice is given by mail, the date
of mailing is considered to be the time when the notice is
served. If a motor carrier, broker, or freight forwarder does
not have a designated agent, service may be made by post-
ing a copy of the notice at the headquarters of the Depart-
ment of Transportation.
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‘‘§ 13304. Service of process in court proceedings
‘‘(a) A motor carrier or broker providing transpor-
tation subject to jurisdiction under chapter 135 of this title,
including a motor carrier or broker operating within the
United States while providing transportation between
places in a foreign country or between a place in one foreign
country and a place in another foreign country, shall des-
ignate 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 Trans-
portation and each State may require that an additional
designation be filed with it. If a designation under this sub-
section is not made, service may be made on any agent of
the carrier or broker within that State.
‘‘(b) A designation under this section may be changed
at any time in the same manner as originally made.
‘‘CHAPTER 135—JURISDICTION
‘‘SUBCHAPTER I—MOTOR CARRIER TRANSPORTATION
‘‘§ 13501. General jurisdiction
‘‘The Secretary of Transportation and the Intermodal
Surface Transportation Board have jurisdiction, as speci-
fied in this part, over transportation by motor carrier and
the procurement of that transportation, to the extent that
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passengers, property, or both, are transported by motor car-
rier—
‘‘(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 ter-
ritory or possession of the United States to the
extent the transportation is in the United States;
‘‘(D) the United States and another place
in the United States through a foreign country
to the extent the transportation is in the United
States; or
‘‘(E) the United States and a place in a
foreign country to the extent the transportation
is in the United States; and
‘‘(2) in a reservation under the exclusive juris-
diction 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 of this title is provided in a foreign
country—
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‘‘(1) neither the Secretary of Transportation nor
the Intermodal Surface Transportation Board has ju-
risdiction 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 provid-
ing transportation in the United States, shall comply,
with respect to all transportation provided between
Alaska and the other State, with the requirements of
this part related to rates and practices applicable to
the transportation.
‘‘§ 13503. Exempt motor vehicle transportation in ter-
minal areas
‘‘(a)(1) Neither the Secretary of Transportation nor
the Intermodal Surface Transportation Board has jurisdic-
tion under this subchapter over transportation by motor ve-
hicle 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 chapter 105 of this title;
‘‘(ii) a water carrier subject to jurisdiction
under subchapter II of this chapter; or
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‘‘(iii) a freight forwarder subject to jurisdic-
tion under subchapter III of this chapter; and
‘‘(C) is incidental to transportation or service
provided by the carrier or freight forwarder that is
subject to jurisdiction under chapter 105 of this title
or under subchapter II or III of this chapter.
‘‘(2) Transportation exempt from jurisdiction under
paragraph (1) of this subsection is subject to jurisdiction
under chapter 105 of this title when provided by such a
rail carrier, under subchapter II of this chapter when pro-
vided by such a water carrier, and under subchapter III
of this chapter when provided by such a freight forwarder.
‘‘(b)(1) Except to the extent provided by paragraph (2)
of this subsection, neither the Secretary nor the Transpor-
tation Board has jurisdiction under this subchapter over
transportation by motor vehicle provided in a terminal
area when the transportation—
‘‘(A) is a transfer, collection, or delivery; and
‘‘(B) is provided by a person as an agent or
under other arrangement for—
‘‘(i) a rail carrier subject to jurisdiction
under chapter 105 of this title;
‘‘(ii) a motor carrier subject to jurisdiction
under this subchapter;
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‘‘(iii) a water carrier subject to jurisdiction
under subchapter II of this chapter; or
‘‘(iv) a freight forwarder subject to jurisdic-
tion under subchapter III of this chapter.
‘‘(2) Transportation exempt from jurisdiction under
paragraph (1) of this subsection is considered transpor-
tation 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 en-
tirely in one State
‘‘Neither the Secretary of Transportation nor the
Intermodal Surface Transportation Board has jurisdiction
under this subchapter over transportation, except transpor-
tation of household goods, by a motor carrier operating sole-
ly 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 oper-
ating solely within the State of Hawaii, transportation ex-
empt under section 13503 of this title.
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‘‘SUBCHAPTER II—WATER CARRIER TRANSPORTATION
‘‘§ 13521. General jurisdiction
‘‘(a) GENERAL RULES.—The Transportation Board
has jurisdiction over transportation insofar as water car-
riers are concerned—
‘‘(1) by water carrier between a place in a State
and a place in another State, even if part of the
transportation is outside the United States;
‘‘(2) by water carrier and motor carrier from a
place in a State to a place in another State, except
that if part of the transportation is outside the
United States, the Secretary only has jurisdiction
over that part of the transportation provided—
‘‘(A) by motor carrier that is in the United
States; and
‘‘(B) by water carrier that is from a place
in the United States to another place in the
United States; and
‘‘(3) by water carrier or by water carrier and
motor carrier between a place in the United States
and a place outside the United States, to the extent
that—
‘‘(A) when the transportation is by motor
carrier, the transportation is provided in the
United States;
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the Board finds to have been assessed and collected in viola-
tion of such subsections.
‘‘(e) Any proceeding with respect to any tariff, rate
charge, classification, rule, regulation or service that was
pending before the Federal Maritime Commission shall con-
tinue to be heard until completion or issuance of a final
order thereon under all applicable laws in effect as of that
date.
‘‘§ 13702. Tariff requirement for certain transpor-
tation
‘‘(a) A carrier subject to jurisdiction under subchapters
I or III of chapter 135 of this title may provide transpor-
tation or service that is—
‘‘(1) under a joint rate for a through movement
in non-contiguous domestic trade, or
‘‘(2) for movement of household goods described
in section 13102(9)(A) of this title,
only if the rate for such transportation or service is con-
tained in a tariff that is in effect under this section. A rate
contained in a tariff shall be stated in money of the United
States. The carrier may not charge or receive a different
compensation for that transportation or service than the
rate specified in the tariff whether by returning a part of
that rate to a person, giving a person a privilege, allowing