168
‘‘(C) TREATMENT OF CERTAIN PUBLIC RE-
CIPIENTS.—Any public recipient of governmental
assistance which is providing or seeking to pro-
vide transportation of passengers subject to juris-
diction under subchapter I of chapter 135 shall,
for purposes of this part, be treated as a person
which is providing or seeking to provide trans-
portation of passengers subject to such jurisdic-
tion.
‘‘(3) INTRASTATE
TRANSPORTATION.—A motor
carrier of passengers that is registered by the Sec-
retary under subsection (a) is authorized to provide
regular-route transportation entirely in one State as
a motor carrier of passengers if such intrastate trans-
portation is to be provided on a route over which the
carrier provides interstate transportation of pas-
sengers.
‘‘(4) PREEMPTION REGARDING CERTAIN EXPRESS
SERVICE.—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 the provision of
pickup and delivery of express packages, newspapers,
or mail in a commercial zone if the shipment has had
169
or will have a prior or subsequent movement by bus
in intrastate commerce and, if a city within the com-
mercial zone, is served by a motor carrier of pas-
sengers providing regular-route transportation of pas-
sengers subject to jurisdiction under subchapter I of
chapter 135.
‘‘(5) TREATMENT.—Except as provided in sec-
tion 14501(a), any intrastate transportation author-
ized by this subsection shall be treated as transpor-
tation subject to jurisdiction under subchapter I of
chapter 135 until the 30th day following the date on
which the motor carrier of passengers first begins pro-
viding transportation entirely in one State under this
paragraph and the carrier takes such action as is nec-
essary to establish under the laws of such State rates,
rules, and practices applicable to such transportation.
‘‘(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
transportation authorized under this subsection may
be suspended or revoked by the Secretary under sec-
tion 13905 of this title at any time.
170
‘‘(8) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) PUBLIC RECIPIENT OF GOVERNMENTAL
ASSISTANCE.—The term ‘public recipient of gov-
ernmental assistance’ means—
‘‘(i) any State,
‘‘(ii) any municipality or other politi-
cal subdivision of a State,
‘‘(iii) any public agency or instrumen-
tality of one or more States and munici-
palities and political subdivisions 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
subsection received governmental assistance for
the purchase or operation of any bus.
‘‘(B) PRIVATE RECIPIENT OF GOVERNMENT
ASSISTANCE.—The term ‘private recipient of gov-
ernment assistance’ means any person (other
than a person described in subparagraph (A))
who before, on, or after the effective date of this
171
paragraph received governmental financial as-
sistance in the form of a subsidy for the pur-
chase, lease, or operation of any bus.
‘‘(c) RESTRICTIONS ON MOTOR CARRIERS DOMICILED
IN OR OWNED OR CONTROLLED BY NATIONALS OF A CON-
TIGUOUS FOREIGN COUNTRY.—
‘‘(1) PREVENTION
OF
DISCRIMINATORY
PRAC-
TICES.—If the President, or the delegate thereof, deter-
mines that an act, policy, or practice of a foreign
country contiguous to the United States, or any polit-
ical subdivision or any instrumentality of any such
country is unreasonable or discriminatory and bur-
dens or restricts United States transportation compa-
nies providing, or seeking to provide, motor carrier
transportation to, from, or within such foreign coun-
try, the President or such delegate may—
‘‘(A) seek elimination of such practices
through consultations; or
‘‘(B) notwithstanding any other provision
of law, suspend, modify, amend, condition, or re-
strict operations, including geographical restric-
tion 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.
172
‘‘(2) EQUALIZATION OF TREATMENT.—Any ac-
tion 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 Presi-
dent, or the delegate thereof, may remove or modify
in whole or in part any action taken under para-
graph (1)(A) if the President or such delegate deter-
mines that such removal or modification is consistent
with the obligations of the United States under a
trade agreement or with United States transportation
policy.
‘‘(4) PROTECTION OF EXISTING OPERATIONS.—
Unless and until the President, or the delegate thereof,
makes a determination under paragraph (1) or (3),
nothing in this subsection shall affect—
‘‘(A) operations of motor carriers of prop-
erty or passengers domiciled in any contiguous
foreign country or owned or controlled by per-
sons 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
173
‘‘(B) any existing restrictions on operations
of motor carriers of property or passengers domi-
ciled in any contiguous foreign country or owned
or controlled by persons of any contiguous for-
eign country or any modifications thereof pursu-
ant to section 6 of the Bus Regulatory Reform
Act of 1982.
‘‘(5) PUBLICATION; COMMENT.—Unless the Presi-
dent, or the delegate thereof, determines that expedi-
tious action is required, the President shall publish in
the Federal Register any determination under para-
graph (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 Presi-
dent may delegate any or all authority under this
subsection to the Secretary, who shall consult with
other agencies as appropriate. In accordance 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 ap-
propriate district court of the United States to enforce
174
this subsection or a regulation prescribed or order is-
sued under this subsection. The court may award ap-
propriate relief, including injunctive relief.
‘‘(8) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—This subsection shall not be construed as af-
fecting the requirement for all foreign motor carriers
operating in the United States to comply with all ap-
plicable laws and regulations pertaining to fitness,
safety of operations, financial responsibility, and
taxes imposed by section 4481 of the Internal Revenue
Code of 1986.
‘‘§ 13903. Registration of freight forwarders
‘‘(a) IN GENERAL.—The Secretary shall register a per-
son to provide service subject to jurisdiction under sub-
chapter III of chapter 135 as a freight forwarder if the Sec-
retary finds that the person is willing and able to provide
the service and to comply with this part and applicable
regulations of the Secretary and the Panel.
‘‘(b) REGISTRATION
AS CARRIER REQUIRED.—The
freight forwarder may provide transportation as the carrier
itself only if the freight forwarder also has registered to pro-
vide transportation as a carrier under this chapter.
‘‘§ 13904. Registration of motor carrier brokers
‘‘(a) IN GENERAL.—The Secretary shall register, sub-
ject to section 13906(b), a person to be a broker for trans-
175
portation of property subject to jurisdiction under sub-
chapter I of chapter 135, if the Secretary finds that the per-
son is willing and able to be a broker for transportation
and to comply with this part and applicable regulations
of the Secretary .
‘‘(b) LIMITATION.—
‘‘(1) REGISTRATION AS CARRIER REQUIRED.—
The broker may provide transportation itself only if
the broker also has registered to provide transpor-
tation as a carrier under this chapter.
‘‘(2) EXCEPTION.—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 car-
riers, or with rail or water carriers.
‘‘(c) REGULATIONS TO PROTECT SHIPPERS.—Regula-
tions 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 im-
pose on brokers for motor carriers of passengers such re-
quirements for bonds or insurance or both as the Secretary
determines are needed to protect passengers and carriers
dealing with such brokers.
176
‘‘§ 13905. Effective periods of registration
‘‘(a) IN GENERAL.—Each registration issued under
section 13902, 13903, or 13904 shall be effective from the
date specified by the Secretary and shall remain in effect,
except as otherwise provided in this part.
‘‘(b) SUSPENSION, AMENDMENTS, 
AND
REVOCA-
TIONS.—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 op-
portunity for a proceeding, the Secretary may suspend,
amend, or revoke any part of the registration of a motor
carrier, broker, or freight forwarder for willful failure to
comply with this part, an applicable regulation or order
of the Secretary or of the Panel, or a condition of its reg-
istration.
‘‘(c) PROCEDURE.—Except on application of the reg-
istrant, 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 reg-
istrant under section 14701 requiring compliance
with this part, a regulation of the Secretary, or a
condition of the registration of the registrant; and
‘‘(2) the registrant willfully does not comply
with the order for a period of 30 days.
‘‘(d) EXPEDITED PROCEDURE.—
177
‘‘(1) PROTECTION OF SAFETY.—Without regard
to subchapter II of chapter 5 of title 5, the Secretary
may suspend the registration of a motor carrier, a
freight forwarder, or a broker for failure to comply
with safety requirements of the Secretary or the safety
fitness requirements pursuant to section 13904(c),
13906, or 31144, of this title, or an order or regula-
tion 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 Sec-
retary may suspend under this subsection the reg-
istration 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 paragraph (2),
until the Secretary revokes such suspension.
‘‘§ 13906. Security of motor carriers, brokers, and
freight forwarders
‘‘(a) MOTOR CARRIER REQUIREMENTS.—
178
‘‘(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 ap-
proved 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 indi-
vidual resulting from the negligent operation, mainte-
nance, 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 secu-
rity that a motor carrier is required to file under
paragraph (1) of this subsection. This paragraph only
applies to a foreign motor private carrier and foreign
179
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 Sec-
retary may require a registered motor carrier to file
with the Secretary a type of security sufficient to pay
a shipper or consignee for damage to property of the
shipper or consignee placed in the possession of the
motor carrier as the result of transportation provided
under this part. A carrier required by law to pay a
shipper or consignee for loss, damage, or default for
which a connecting motor carrier is responsible is
subrogated, to the extent of the amount paid, to the
rights of the shipper or consignee under any such se-
curity.
‘‘(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 en-
sure 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.
180
‘‘(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 indi-
vidual, or loss of, or damage to, property (other than
property referred to in paragraph (2) of this sub-
section), resulting from the negligent operation, main-
tenance, or use of motor vehicles by or under the di-
rection and control of the freight forwarder when pro-
viding 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 suffi-
cient to pay, not more than the amount of the secu-
rity, for loss of, or damage to, property for which the
freight forwarder provides service.
‘‘(3) EFFECTIVE
PERIOD.—The freight for-
warder’s registration remains in effect only as long as
181
the freight forwarder continues to satisfy the security
requirements of this subsection.
‘‘(d) TYPE OF INSURANCE.—The Secretary may deter-
mine the type and amount of security filed under this sec-
tion. 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 un-
less, for good cause shown and after notice and an oppor-
tunity for a hearing, the Secretary finds that the authority
must be revoked.
‘‘(e) NOTICE OF CANCELLATION OF INSURANCE.—The
Secretary shall issue regulations requiring the submission
to the Secretary of notices of insurance cancellation suffi-
ciently 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.
182
‘‘§ 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 au-
thority 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 trans-
portation services (including accessorial and terminal serv-
ices) 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 providing household goods transpor-
tation services (including accessorial and terminal
services) under the authority of a motor carrier pro-
viding transportation of household goods has violated
section 14901(e) or 14912 or is consistently not fit,
willing, and able to provide adequate household goods
183
transportation services (including accessorial and ter-
minal services), the Secretary may issue to such agent
a complaint stating the charges and containing notice
of the time and place of a hearing which shall be held
no later than 60 days after service of the complaint
to such agent.
‘‘(2) 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 consist-
ently not fit, willing, and able to provide adequate
household goods transportation services (including ac-
cessorial and terminal services), the Secretary may
issue an order to compel compliance with the require-
ment that the agent be fit, willing, and able. There-
after, the Secretary may issue an order to limit, con-
dition, or prohibit such agent from any involvement
in the transportation or provision of services inciden-
tal to the transportation of household goods if, after
notice and an opportunity for a hearing, the Sec-
retary finds that such agent, within a reasonable time
after the date of issuance of a compliance order under
this section, but in no event less than 30 days after
184
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 para-
graph (3) of this subsection and after notice, a hear-
ing 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 af-
fected or aggrieved by an order of the Secretary issued
under this subsection may seek relief in the appro-
priate 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 de-
fined in the first section of the Clayton Act (15 U.S.C.
12), do not apply to discussions or agreements be-
tween a motor carrier providing transportation of
household goods and its agents (whether or not an
agent is also a carrier) related solely to—
185
‘‘(A) rates for the transportation of house-
hold goods under the authority of the principal
carrier;
‘‘(B) accessorial, terminal, storage, or other
charges for services incidental to the transpor-
tation 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 provid-
ing transportation of household goods by an
agent or membership on the board of directors of
any such motor carrier by an agent.
‘‘(2) PANEL REVIEW.—The Panel, upon its own
initiative or request, shall review any activities un-
dertaken under paragraph (1) and shall modify or
terminate the activity if necessary to protect the pub-
lic interest.
‘‘(e) DEFINITIONS.—In this section, the following defi-
nitions 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.
186
‘‘(2) TRANSPORTATION.—The term ‘transpor-
tation’ means transportation that would be subject to
the jurisdiction of the Interstate Commerce Commis-
sion under subchapter II of chapter 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
PRO-
GRAMS.—The Secretary, in cooperation with the States,
and after notice and opportunity for public comment, shall
issue regulations to replace the current Department of
Transportation identification number system, the single
State registration system under section 14504, the registra-
tion system contained in this chapter, and the financial re-
sponsibility information system under section 13906 with
a single, on-line, Federal system. The new system shall serve
as a clearinghouse and depository of information on and
identification of all foreign and domestic motor carriers,
brokers, and freight forwarders, and others required to reg-
ister with the Department as well as information on safety
fitness and compliance with required levels of financial re-
sponsibility.
‘‘(b) FACTORS TO BE CONSIDERED.—In conducting
the rulemaking under subsection (a), the Secretary shall,
at a minimum, consider the following factors:
187
‘‘(1) Funding for State enforcement of motor car-
rier safety regulations.
‘‘(2) Whether the existing single State registra-
tion 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 serv-
ices.
‘‘(6) How, and under what conditions, to extend
the registration 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 associ-
ated with the system. Fees collected under this subsection
may be credited to the Department of Transportation ap-
propriations account for purposes for which such fees are
collected, and shall be available for expenditure until ex-
pended.
188
‘‘(d) STATE REGISTRATION PROGRAMS.—If the Sec-
retary determines that no State should require insurance
filings or collect fees for such filings under section 14504,
the Secretary may prevent any State or political subdivi-
sion 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 Sec-
retary requires under the new system under subsection (a).
‘‘(e) DEADLINE FOR CONCLUSION; MODIFICATIONS.—
Not later than 24 months after the effective date of this sec-
tion, the Secretary—
‘‘(1) shall conclude the rulemaking under this
section;
‘‘(2) may implement such changes under this sec-
tion 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 im-
plemented under this section, together with such rec-
ommendations 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.
189
‘‘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
transportation or service subject to jurisdiction under chap-
ter 135 shall provide the transportation or service on rea-
sonable 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 trans-
portation or service subject to jurisdiction under
chapter 135 may enter into a contract with a shipper,
other than for the movement of household goods de-
scribed in section 13102(9)(A), to provide specified
services under specified rates and conditions. If the
shipper, in writing, expressly waives all rights and
remedies under this part for the transportation cov-
ered by the contract, the transportation provided
under the contract shall not be subject to this part
and may not be subsequently challenged on the
ground that it violates a provision of this part.
‘‘(2) REMEDY FOR BREACH OF CONTRACT.—The
exclusive remedy for any alleged breach of a contract
190
entered into under this subsection shall be an action
in an appropriate State court or United States dis-
trict court, unless the parties otherwise agree.
‘‘§ 14102. Leased motor vehicles
‘‘(a) GENERAL AUTHORITY OF SECRETARY.—The Sec-
retary may require a motor carrier providing transpor-
tation subject to jurisdiction 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 compensa-
tion 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 liabil-
ity and cargo insurance on them; and
‘‘(4) have control of and be responsible for oper-
ating those motor vehicles in compliance with require-
ments prescribed by the Secretary on safety of oper-
ations and equipment, and with other applicable law
as if the motor vehicles were owned by the motor car-
rier.
‘‘(b) RESPONSIBLE PARTY FOR LOADING AND UNLOAD-
ING.—The Secretary shall require, by regulation, that any
191
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 unloading the
property onto and from the motor vehicle.
‘‘§ 14103. Loading and unloading motor vehicles
‘‘(a) SHIPPER RESPONSIBLE FOR ASSISTING.—When-
ever a shipper or receiver of property requires that any per-
son who owns or operates a motor vehicle transporting
property in interstate commerce (whether or not such trans-
portation 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 pro-
viding such assistance or shall compensate the owner or op-
erator for all costs associated with securing and compensat-
ing the person or persons providing such assistance.
‘‘(b) COERCION PROHIBITED.—It shall be unlawful to
coerce or attempt to coerce any person providing transpor-
tation of property by motor vehicle for compensation in
interstate commerce (whether or not such transportation is
subject to jurisdiction under subchapter I of chapter 135)
to load or unload any part of such property onto or from
such vehicle or to employ or pay one or more persons to
192
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 protect-
ing individual shippers, in order to carry out this
part with respect to the transportation of household
goods by motor carriers subject to jurisdiction under
subchapter I of chapter 135. The regulations and pa-
perwork required of motor carriers providing trans-
portation of household goods shall be minimized to the
maximum extent feasible consistent with the protec-
tion of individual shippers.
‘‘(2) PERFORMANCE STANDARDS.—
‘‘(A) IN GENERAL.—Regulations of the Sec-
retary protecting individual shippers shall in-
clude, where appropriate, reasonable performance
standards for the transportation of household
goods subject to jurisdiction under subchapter I
of chapter 135.
193
‘‘(B) FACTORS TO CONSIDER.—In establish-
ing performance standards under this para-
graph, the Secretary shall take into account at
least the following—
‘‘(i) the level of performance that can
be achieved by a well-managed motor car-
rier transporting household 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 per-
formance at a level sufficient to deter abuses
which result in harm to consumers and vio-
lations of regulations;
‘‘(iv) service requirements of the car-
riers;
‘‘(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 per-
formance at a level designed to encourage
carriers to offer service responsive to ship-
per needs.
‘‘(3) LIMITATIONS
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed to
194
limit the Secretary’s authority to require reports from
motor carriers providing transportation of household
goods or to require such carriers to provide specified
information to consumers concerning their past per-
formance.
‘‘(b) ESTIMATES.—
‘‘(1) AUTHORITY
TO
PROVIDE
WITHOUT
COM-
PENSATION.—Every motor carrier providing trans-
portation 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 providing a written, binding
estimate for the transportation and proposed 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
195
providing transportation of household goods subject to juris-
diction under subchapter I of chapter 135 with the maxi-
mum possible flexibility in weighing shipments, consistent
with assurance to the shipper of accurate weighing prac-
tices. The Secretary shall not prohibit such carriers from
backweighing shipments or from basing their charges on the
reweigh weights if the shipper observes both the tare and
gross weighings (or, prior to such weighings, waives in
writing the opportunity to observe such weighings) and such
weighings are performed on the same scale.
‘‘SUBCHAPTER II—REPORTS AND RECORDS
‘‘§ 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.
‘‘(2) 
ASSOCIATION.—The 
term 
‘association’
means an organization maintained by or in the inter-
est of a group of carriers or brokers providing trans-
portation or service subject to jurisdiction under
chapter 135 that performs a service, or engages in ac-
tivities, related to transportation under this part.
‘‘§ 14122. Records: form; inspection; preservation
‘‘(a) FORM OF RECORDS.—The Secretary or the Panel,
as applicable, may prescribe the form of records required
196
to be prepared or compiled under this subchapter by car-
riers and brokers, including records related to movement of
traffic and receipts and expenditures of money.
‘‘(b) RIGHT OF INSPECTION.—The Secretary or Panel,
or an employee designated by the Secretary or Panel, may
on demand and display of proper credentials—
‘‘(1) inspect and examine the lands, buildings,
and equipment of a carrier or broker; and
‘‘(2) inspect and copy any record of—
‘‘(A) a carrier, broker, or association; and
‘‘(B) a person controlling, controlled by, or
under common control with a carrier if the Sec-
retary or Panel, as applicable, considers inspec-
tion relevant to that person’s relation to, or
transaction with, that carrier.
‘‘(c) PERIOD FOR PRESERVATION OF RECORDS.—The
Secretary or Panel, as applicable, may prescribe the time
period during which operating, accounting, and financial
records must be preserved by carriers.
‘‘§ 14123. Financial reporting
‘‘(a) IN GENERAL.—The Secretary shall require Class
I motor carriers, and may require Class II motor carriers,
to file with the Secretary annual financial and safety re-
ports, the form and substance of which shall be prescribed
197
by the Secretary; except that, at a minimum, such reports
shall include balance sheets and income statements.
‘‘(b) MATTERS TO BE COVERED.—In determining the
matters to be covered by any reports to be filed under sub-
section (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) EXEMPTION FROM PUBLIC RELEASE.—
‘‘(1) 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 Se-
curities and Exchange Commission, an exemption
from the public release of such report.
‘‘(2) PROCEDURE.—After a request under para-
graph (1) 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 nec-
essary to avoid competitive harm and to avoid the
198
disclosure of information that qualifies as a trade se-
cret or privileged or confidential information under
section 552(b)(4) of title 5.
‘‘(3) USE
OF
DATA
FOR
INTERNAL
DOT
PUR-
POSES.—If an exemption is granted under this sub-
section, nothing shall prevent the Secretary from
using data from reports filed under this subsection for
internal purposes of the Department of Transpor-
tation or including such data in aggregate industry
statistics released for publication if such inclusion
would not render the filer’s data readily identifiable.
‘‘(4) PERIOD
OF
EXEMPTIONS.—Exemptions
granted under this subsection shall be for 3-year peri-
ods.
‘‘(5) PENDING REQUESTS.—The Secretary shall
not release publicly the report of a carrier making a
request under paragraph (1) while such request is
pending.
‘‘(d) STREAMLINING AND SIMPLIFICATION.—The Sec-
retary shall streamline and simplify, to the maximum ex-
tent 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.
199
‘‘§ 14301. Security interests in certain motor vehicles
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions 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 creditor having a lien on a motor vehicle
and includes an assignee for benefit of creditors from
the date of assignment, a trustee in a case under title
11 from the date of filing of the petition in that case,
and a receiver in equity from the date of appointment
of the receiver.
‘‘(3) SECURITY INTEREST.—The term ‘security
interest’ means an interest (including an interest es-
tablished by a conditional sales contract, mortgage,
equipment trust, or other lien or title retention con-
tract, or lease) in a motor vehicle when the interest
secures payment or performance of an obligation.
‘‘(4) PERFECTION.—The term ‘perfection’, as re-
lated to a security interest, means taking action (in-
200
cluding public filing, recording, notation on a certifi-
cate 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 per-
formance of an obligation secured by that security interest
is perfected in all jurisdictions against all general, and sub-
sequent 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 ve-
hicle under a law of a jurisdiction that requires or
permits indication, on a certificate or title, of a secu-
rity interest in the motor vehicle if the security inter-
est 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 busi-
ness of that carrier is located requires or permits pub-
201
lic filing or recording of, or in relation to, that secu-
rity 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 para-
graph (2) of this subsection, if the security interest
has been perfected under the law (including the con-
flict 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 of this title may not agree or combine with
another such carrier to pool or divide traffic or services or
any part of their earnings without the approval of the
Panel under this section.
‘‘(b) STANDARDS FOR APPROVAL.—The Panel may ap-
prove 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
Panel finds that a pooling or division of traffic, services,
or earnings—
202
‘‘(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 prop-
erty may apply to the Panel for approval of an agree-
ment 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 combina-
tion with the Panel not less than 50 days before its
effective date.
‘‘(2) DETERMINATION OF IMPORTANCE AND RE-
STRAINT ON COMPETITION.—Prior to the effective date
of the agreement or combination, the Panel shall de-
termine whether the agreement or combination is of
major transportation importance and whether there is
substantial likelihood that the agreement or combina-
tion will unduly restrain competition. If the Panel
determines that neither of these 2 factors exists, it
shall, prior to such effective date and without a hear-
ing, approve and authorize the agreement or combina-
tion, under such rules and regulations as the Panel
may issue, and for such consideration between such
carriers and upon such terms and conditions as shall
be found by the Panel to be just and reasonable.
203
‘‘(3) HEARING.—If the Panel determines either
that the agreement or combination is of major trans-
portation importance or that there is substantial like-
lihood that the agreement or combination will unduly
restrain competition, the Panel shall hold a hearing
concerning whether the agreement or combination will
be in the interest of better service to the public or of
economy in operation and whether it will unduly re-
strain competition and shall suspend operation of
such agreement or combination pending such hearing
and final decision thereon. After such hearing, the
Panel 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 as-
sented to by all the carriers involved, shall to that ex-
tent, approve and authorize the agreement or com-
bination, under such rules and regulations as the
Panel may issue, and for such consideration between
such carriers and upon such terms and conditions as
shall be found by the Panel to be just and reasonable.
‘‘(4) SPECIAL RULES FOR HOUSEHOLD GOODS
CARRIERS.—In the case of an application for Panel
approval of an agreement or combination between a
motor carrier providing transportation of household
204
goods and its agents to pool or divide traffic or serv-
ices 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 oper-
ation and not to restrain competition unduly if the
practices proposed to be carried out under such agree-
ment or combination are the same as or similar to
practices carried out under agreements and combina-
tions between motor carriers providing transportation
of household goods to pool or divide traffic or service
of any part of their earnings approved by the Inter-
state Commerce Commission before the effective date
of this section.
‘‘(5) STREAMLINING
AND
SIMPLIFYING.—The
Panel shall streamline, simplify, and expedite, to the
maximum extent practicable, the process (including
any paperwork) for submission and approval of ap-
plications under this section for agreements and com-
binations between motor carriers providing transpor-
tation of household goods and their agents.
‘‘(d) CONDITIONS.—The Panel may impose conditions
governing the pooling or division and may approve and
authorize payment of a reasonable consideration between
the carriers.
205
‘‘(e) INITIATION OF PROCEEDING.—The Panel may
begin a proceeding under this section on its own initiative
or on application.
‘‘(f) EFFECT OF APPROVAL.—A carrier may partici-
pate in an arrangement approved by or exempted by the
Panel under this section without the approval of any other
Federal, State, or municipal body. A carrier participating
in an approved or exempted arrangement is exempt from
the antitrust laws and from all other law, including State
and municipal law, as necessary to let that person carry
out the arrangement.
‘‘CHAPTER 145—FEDERAL-STATE RELATIONS
‘‘Sec.
‘‘14501. Federal authority over intrastate transportation.
‘‘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.
‘‘§ 14501. Federal authority over intrastate transpor-
tation
‘‘(a) MOTOR CARRIERS OF PASSENGERS.—No State or
political subdivision thereof and no interstate agency or
other political agency of two or more States shall enact or
enforce any law, rule, regulation, standard, or other provi-
sion having the force and effect of law relating to scheduling
of interstate or intrastate transportation (including dis-
continuance or reduction in the level of service) provided
by motor carrier of passengers subject to jurisdiction under
206
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 trans-
portation except to the extent that notice, not in excess of
30 days, of changes in schedules may be required. This sub-
section shall not apply to intrastate commuter bus oper-
ations.
‘‘(b) FREIGHT FORWARDERS AND BROKERS.—
‘‘(1) GENERAL RULE.—Subject to paragraph (2)
of this subsection, no State or political subdivision
thereof and no intrastate agency or other political
agency of two or more States shall enact or enforce
any law, rule, regulation, standard, or other provi-
sion having the force and effect of law relating to
intrastate rates, intrastate routes, or intrastate serv-
ices 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 car-
rier 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
207
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 car-
rier covered by section 41713(b)(4)) or any motor pri-
vate carrier, broker, or freight forwarder with respect
to the transportation of property.
‘‘(2) MATTERS NOT COVERED.—Paragraph (1)—
‘‘(A) shall not restrict the safety regulatory
authority of a State with respect to motor vehi-
cles, 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 na-
ture 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 au-
thorization;
‘‘(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 pro-
vision relating to the price of for-hire motor ve-
208
hicle transportation by a tow truck, if such
transportation is performed—
‘‘(i) at the request of a law enforcement
officer; or
‘‘(ii) without the prior consent or au-
thorization of the owner or operator of the
motor vehicle.
‘‘(3) STATE STANDARD TRANSPORTATION PRAC-
TICES.—
‘‘(A) CONTINUATION.—Paragraph (1) shall
not affect any authority of a State, political sub-
division 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, re-
lated to—
‘‘(i) uniform cargo liability rules,
‘‘(ii) uniform bills of lading or receipts
for property being transported,
‘‘(iii) uniform cargo credit rules, or
‘‘(iv) antitrust immunity for joint line
rates or routes, classifications, and mileage
guides,
if such law, regulation, or provision meets the re-
quirements of subparagraph (B).
209
‘‘(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 com-
pliance with such law, regulation, or provi-
sion is no more burdensome than compli-
ance with, a provision of this part or a reg-
ulation issued by the Secretary or the Panel
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, regu-
lation, or provision of a State, political subdivi-
sion, or political authority under this para-
graph.
‘‘(4) This subsection shall not apply with respect
to the State of Hawaii until August 22, 1997.
210
‘‘§ 14502. Tax discrimination against motor carrier
transportation property
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) 
ASSESSMENT.—The 
term 
‘assessment’
means valuation for a property tax levied by a taxing
district.
‘‘(2) ASSESSMENT JURISDICTION.—The term ‘as-
sessment jurisdiction’ means a geographical area in a
State used in determining the assessed value of prop-
erty for ad valorem taxation.
‘‘(3) MOTOR
CARRIER
TRANSPORTATION
PROP-
ERTY.—The term ‘motor carrier transportation prop-
erty’ means property, as defined by the Secretary,
owned or used by a motor carrier providing transpor-
tation in interstate commerce whether or not such
transportation is subject to jurisdiction under sub-
chapter I of chapter 135.
‘‘(4) 
COMMERCIAL
AND
INDUSTRIAL
PROP-
ERTY.—The term ‘commercial and industrial prop-
erty’ means property, other than transportation prop-
erty and land used primarily for agricultural pur-
poses or timber growing, devoted to a commercial or
industrial use, and subject to a property tax levy.
‘‘(b) ACTS BURDENING INTERSTATE COMMERCE.—The
following acts unreasonably burden and discriminate
211
against interstate commerce and a State, subdivision of a
State, or authority acting for a State or subdivision of a
State may not do any of them:
‘‘(1) EXCESSIVE VALUATION OF PROPERTY.—As-
sess motor carrier transportation property at a value
that has a higher ratio to the true market value of the
motor carrier transportation property than the ratio
that the assessed value of other commercial and indus-
trial property in the same assessment jurisdiction has
to the true market value of the other commercial and
industrial property.
‘‘(2) TAX ON ASSESSMENT.—Levy or collect a tax
on an assessment that may not be made under para-
graph (1).
‘‘(3) AD VALOREM TAX.—Levy or collect an ad
valorem property tax on motor carrier transportation
property at a tax rate that exceeds the tax rate appli-
cable to commercial and industrial property in the
same assessment jurisdiction.
‘‘(c) JURISDICTION.—
‘‘(1) IN
GENERAL.—Notwithstanding section
1341 of title 28 and without regard to the amount in
controversy or citizenship of the parties, a district
court of the United States has jurisdiction, concurrent
with other jurisdiction of courts of the United States
212
and the States, to prevent a violation of subsection
(b) of this section.
‘‘(2) LIMITATION
IN
RELIEF.—Relief may be
granted under this subsection only if the ratio of as-
sessed value to true market value of motor carrier
transportation property exceeds by at least 5 percent,
the ratio of assessed value to true market value of
other commercial and industrial property in the same
assessment jurisdiction.
‘‘(3) BURDEN OF PROOF.—The burden of proof
in determining assessed value and true market value
is governed by State law.
‘‘(4) VIOLATION.—If the ratio of the assessed
value of other commercial and industrial property in
the assessment jurisdiction to the true market value of
all other commercial and industrial property cannot
be determined to the satisfaction of the district court
through the random-sampling method known as a
sales assessment ratio study (to be carried out under
statistical principles applicable to such a study), the
court shall find, as a violation of this section—
‘‘(A) an assessment of the motor carrier
transportation property at a value that has a
higher ratio to the true market value of the
motor carrier transportation property than the
213
assessment value of all other property subject to
a property tax levy in the assessment jurisdic-
tion has to the true market value of all such
other property; and
‘‘(B) the collection of ad valorem property
tax on the motor carrier transportation property
at a tax rate that exceeds the tax ratio rate ap-
plicable to taxable property in the taxing dis-
trict.
‘‘§ 14503. Withholding State and local income tax by
certain carriers
‘‘(a) SINGLE STATE TAX WITHHOLDING.—
‘‘(1) IN GENERAL.—No part of the compensation
paid by a motor carrier providing transportation
subject to jurisdiction under subchapter I of chapter
135 or by a motor private carrier to an employee who
performs regularly assigned duties in 2 or more
States as such an employee with respect to a motor
vehicle shall be subject to the income tax laws of any
State or subdivision of that State, other than the
State or subdivision thereof of the employee’s resi-
dence.
‘‘(2) EMPLOYEE DEFINED.—In this subsection,
the term ‘employee’ has the meaning given such term
in section 31132.
214
‘‘(b) SPECIAL RULES.—
‘‘(1) CALCULATION OF EARNINGS.—In this sub-
section, an employee is deemed to have earned more
than 50 percent of pay in a State or subdivision of
that State in which the time worked by the employee
in the State or subdivision is more than 50 percent
of the total time worked by the employee while em-
ployed during the calendar year.
‘‘(2) WATER CARRIERS.—A water carrier provid-
ing transportation subject to jurisdiction under sub-
chapter II of chapter 135 shall file income tax infor-
mation returns and other reports only with—
‘‘(A) the State and subdivision of residence
of the employee (as shown on the employment
records of the carrier); and
‘‘(B) the State and subdivision in which the
employee earned more than 50 percent of the pay
received by the employee from the carrier during
the preceding calendar year.
‘‘(3) APPLICABILITY
TO
SAILORS.—This sub-
section applies to pay of a master, officer, or sailor
who is a member of the crew on a vessel engaged in
foreign, coastwise, intercoastal, or noncontiguous
trade or in the fisheries of the United States.
215
‘‘(c) FILING OF INFORMATION.—A motor and motor
private carrier withholding pay from an employee under
subsection (a) of this section shall file income tax informa-
tion returns and other reports only with the State and sub-
division of residence of the employee.
‘‘§ 14504. Registration of motor carriers by a State
‘‘(a) DEFINITIONS.—In this section, the terms ‘stand-
ards’ and ‘amendments to standards’ mean the specification
of forms and procedures required by regulations of the Sec-
retary to prove the lawfulness of transportation by motor
carrier referred to in section 13501.
‘‘(b) GENERAL RULE.—The requirement of a State
that a motor carrier, providing transportation subject to
jurisdiction under subchapter I of chapter 135 and provid-
ing transportation in that State, must register with the
State is not an unreasonable burden on transportation re-
ferred to in section 13501 when the State registration is
completed under standards of the Secretary under sub-
section (c). When a State registration requirement imposes
obligations in excess of the standards of the Secretary, the
part in excess is an unreasonable burden.
‘‘(c) SINGLE STATE REGISTRATION SYSTEM.—
‘‘(1) IN GENERAL.—The Secretary shall main-
tain standards for implementing a system under
which—
216
‘‘(A) a motor carrier is required to register
annually with only one State by providing evi-
dence of its Federal registration under chapter
139;
‘‘(B) the State of registration shall fully
comply with standards prescribed under this sec-
tion; and
‘‘(C) such single State registration shall be
deemed to satisfy the registration requirements of
all other States.
‘‘(2) SPECIFIC REQUIREMENTS.—
‘‘(A) EVIDENCE
OF
FEDERAL
REGISTRA-
TION; 
PROOF
OF
INSURANCE; 
PAYMENT
OF
FEES.—Under the standards of the Secretary im-
plementing the single State registration system
described in paragraph (1) of this subsection,
only a State acting in its capacity as registra-
tion State under such single State system may
require a motor carrier registered by the Sec-
retary under this part—
‘‘(i) to file and maintain evidence of
such Federal registration;
‘‘(ii) to file satisfactory proof of re-
quired insurance or qualification as a self-
insurer;
217
‘‘(iii) to pay directly to such State fee
amounts in accordance with the fee system
established under subparagraph (B)(iv) of
this paragraph, subject to allocation of fee
revenues among all States in which the car-
rier operates and which participate in the
single State registration system; and
‘‘(iv) to file the name of a local agent
for service of process.
‘‘(B) RECEIPTS; FEE SYSTEM.—The stand-
ards of the Secretary—
‘‘(i) shall require that the registration
State issue a receipt, in a form prescribed
under the standards, reflecting that the car-
rier has filed proof of insurance as provided
under subparagraph (A)(ii) of this para-
graph and has paid fee amounts in accord-
ance with the fee system established under
clause (iv) of this subparagraph;
‘‘(ii) shall require that copies of the re-
ceipt issued under clause (i) of this sub-
paragraph be kept in each of the carrier’s
commercial motor vehicles;
‘‘(iii) shall not require decals, stamps,
cab cards, or any other means of registering
218
or identifying specific vehicles operated by
the carrier;
‘‘(iv) shall establish a fee system for the
filing of proof of insurance as provided
under subparagraph (A)(ii) of this para-
graph that—
‘‘(I) will be based on the number
of commercial motor vehicles the car-
rier operates in a State and on the
number of States in which the carrier
operates;
‘‘(II) will minimize the costs of
complying with the registration sys-
tem; and
‘‘(III) will result in a fee for each
participating State that is equal to the
fee, not to exceed $10 per vehicle, that
such State collected or charged as of
November 15, 1991; and
‘‘(v) shall not authorize the charging or
collection of any fee for filing and main-
taining a certificate or permit under sub-
paragraph (A)(i) of this paragraph.
‘‘(C) PROHIBITED FEES.—The charging or
collection of any fee under this section that is not
219
in accordance with the fee system established
under subparagraph (B)(iv) of this paragraph
shall be deemed to be a burden on interstate com-
merce.
‘‘(D) LIMITATION
ON
PARTICIPATION
BY
STATES.—Only a State which, as of January 1,
1991, charged or collected a fee for a vehicle
identification stamp or number under part 1023
of title 49, Code of Federal Regulations, shall be
eligible to participate as a registration State
under this subsection or to receive any fee reve-
nue under this subsection.
‘‘§ 14505. State tax
‘‘A State or political subdivision thereof may not col-
lect or levy a tax, fee, head charge, or other charge on—
‘‘(1) a passenger traveling in interstate com-
merce by motor carrier;
‘‘(2) the transportation of a passenger traveling
in interstate commerce by motor carrier;
‘‘(3) the sale of passenger transportation in
interstate commerce by motor carrier; or
‘‘(4) the gross receipts derived from such trans-
portation.
220
‘‘CHAPTER 147—ENFORCEMENT;
INVESTIGATIONS; RIGHTS; REMEDIES
‘‘Sec.
‘‘14701. General authority.
‘‘14702. Enforcement by the regulatory authority.
‘‘14703. Enforcement by the Attorney General.
‘‘14704. Rights and remedies of persons injured by carriers or brokers.
‘‘14705. Limitation on actions by and against carriers.
‘‘14706. Liability of carriers under receipts and bills of lading.
‘‘14707. Private enforcement of registration requirement.
‘‘14708. Dispute settlement program for household goods carriers.
‘‘14709. Tariff reconciliation rules for motor carriers of property.
‘‘§ 14701. General authority
‘‘(a) INVESTIGATIONS.—The Secretary or the Panel, as
applicable, may begin an investigation under this part on
the Secretary’s or the Panel’s own initiative or on com-
plaint. If the Secretary or Panel, as applicable, finds that
a carrier or broker is violating this part, the Secretary or
Panel, as applicable, shall take appropriate action to com-
pel compliance with this part. If the Secretary finds that
a foreign motor carrier or foreign motor private carrier is
violating chapter 139, the Secretary shall take appropriate
action to compel compliance with that chapter. The Sec-
retary or Panel, as applicable, may take action under this
subsection only after giving the carrier or broker notice of
the investigation and an opportunity for a proceeding.
‘‘(b) COMPLAINTS.—A person, including a govern-
mental authority, may file with the Secretary or Panel, as
applicable, a complaint about a violation of this part by
a carrier providing, or broker for, transportation or service
221
subject to jurisdiction under this part or a foreign motor
carrier or foreign motor private carrier providing transpor-
tation registered under section 13902 of this title. The com-
plaint must state the facts that are the subject of the viola-
tion. The Secretary or Panel, as applicable, may dismiss
a complaint that it determines does not state reasonable
grounds for investigation and action.
‘‘(c) DEADLINE.—A formal investigative proceeding
begun by the Secretary or Panel under subsection (a) of
this section is dismissed automatically unless it is con-
cluded with administrative finality by the end of the 3d
year after the date on which it was begun.
‘‘§ 14702. Enforcement by the regulatory authority
‘‘(a) IN GENERAL.—The Secretary or the Panel, as ap-
plicable, may bring a civil action—
‘‘(1) to enforce section 14103 of this title; or
‘‘(2) to enforce this part, or a regulation or order
of the Secretary or Panel, as applicable, when vio-
lated by a carrier or broker providing transportation
or service subject to jurisdiction under subchapter I or
III of chapter 135 of this title or by a foreign motor
carrier or foreign motor private carrier providing
transportation registered under section 13902 of this
title.
222
‘‘(b) VENUE.—In a civil action under subsection (a)(2)
of this section—
‘‘(1) trial is in the judicial district in which the
carrier, foreign motor carrier, foreign motor private
carrier, or broker operates;
‘‘(2) process may be served without regard to the
territorial limits of the district or of the State in
which the action is instituted; and
‘‘(3) a person participating with a carrier or
broker in a violation may be joined in the civil action
without regard to the residence of the person.
‘‘(c) STANDING.—The Panel, through its own attor-
neys, may bring or participate in any civil action involv-
ing motor carrier undercharges.
‘‘§ 14703. Enforcement by the Attorney General
‘‘The Attorney General may, and on request of either
the Secretary of Transportation or Intermodal Surface
Transportation Panel shall, bring court proceedings—
‘‘(1) to enforce this part or a regulation or order
of the Secretary or Panel or terms of registration
under this part; and
‘‘(2) to prosecute a person violating this part or
a regulation or order of the Secretary or Panel or
term of registration under this part.
223
‘‘§ 14704. Rights and remedies of persons injured by
carriers or brokers
‘‘(a) ENFORCEMENT OF ORDER.—A person injured be-
cause a carrier or broker providing transportation or serv-
ice subject to jurisdiction under chapter 135 does not obey
an order of the Secretary or the Panel, as applicable, under
this part, except an order for the payment of money, may
bring a civil action to enforce that order under this sub-
section.
‘‘(b) LIABILITY AND DAMAGES.—
‘‘(1) LIABILITY FOR EXCEEDING TARIFF RATE.—
A carrier providing transportation or service subject
to jurisdiction under chapter 135 is liable to a person
for amounts charged that exceed the applicable rate
for transportation or service contained in a tariff in
effect under section 13702 of this title.
‘‘(2) DAMAGES FOR VIOLATIONS.—A carrier or
broker providing transportation or service subject to
jurisdiction under chapter 135 is liable for damages
sustained by a person as a result of an act or omis-
sion of that carrier or broker in violation of this part.
‘‘(c) ELECTION.—
‘‘(1) COMPLAINT TO DOT OR PANEL; CIVIL AC-
TION.—A person may file a complaint with the Panel
or the Secretary, as applicable, under section
14701(b) of this title or bring a civil action under
224
subsection (b)(1) or (2) of this section to enforce li-
ability against a carrier or broker providing trans-
portation or service subject to jurisdiction under
chapter 135. A person may bring a civil action for
injunctive relief for violations of sections 14102 and
14103.
‘‘(2) ORDER OF DOT OR PANEL.—
‘‘(A) IN GENERAL.—When the Panel or Sec-
retary, as applicable, makes an award under
subsection (b) of this section, the Panel or Sec-
retary, as applicable, shall order the carrier to
pay the amount awarded by a specific date. The
Panel or Secretary, as applicable, may order a
carrier or broker providing transportation or
service subject to jurisdiction under chapter 135
to pay damages only when the proceeding is on
complaint.
‘‘(B) ENFORCEMENT BY CIVIL ACTION.—The
person for whose benefit an order of the Panel or
Secretary requiring the payment of money is
made may bring a civil action to enforce that
order under this paragraph if the carrier or
broker does not pay the amount awarded by the
date payment was ordered to be made.
‘‘(d) PROCEDURE.—
225
‘‘(1) IN GENERAL.—When a person begins a civil
action under subsection (b) of this section to enforce
an order of the Panel or Secretary requiring the pay-
ment of damages by a carrier or broker providing
transportation or service subject to jurisdiction under
chapter 135 of this title, the text of the order of the
Panel or Secretary must be included in the com-
plaint. In addition to the district courts of the United
States, a State court of general jurisdiction having
jurisdiction of the parties has jurisdiction to enforce
an order under this paragraph. The findings and
order of the Panel or Secretary are competent evi-
dence of the facts stated in them. Trial in a civil ac-
tion brought in a district court of the United States
under this paragraph is in the judicial district in
which the plaintiff resides or in which the principal
operating office of the carrier or broker is located. In
a civil action under this paragraph, the plaintiff is
liable for only those costs that accrue on an appeal
taken by the plaintiff.
‘‘(2) PARTIES.—All parties in whose favor the
award was made may be joined as plaintiffs in a
civil action brought in a district court of the United
States under this subsection and all the carriers that
are parties to the order awarding damages may be
226
joined as defendants. Trial in the action is in the ju-
dicial district in which any one of the plaintiffs could
bring the action against any one of the defendants.
Process may be served on a defendant at its principal
operating office when that defendant is not in the dis-
trict in which the action is brought. A judgment or-
dering recovery may be made in favor of any of those
plaintiffs against the defendant found to be liable to
that plaintiff.
‘‘(3) ATTORNEY’S FEES.—The district court shall
award a reasonable attorney’s fee as a part of the
damages for which a carrier or broker is found liable
under this subsection. The district court shall tax and
collect that fee as a part of the costs of the action.
‘‘§ 14705. Limitation on actions by and against car-
riers
‘‘(a) IN GENERAL.—A carrier providing transpor-
tation or service subject to jurisdiction under chapter 135
must begin a civil action to recover charges for transpor-
tation or service provided by the carrier within 18 months
after the claim accrues.
‘‘(b) OVERCHARGES.—A person must begin a civil ac-
tion to recover overcharges within 18 months after the claim
accrues. If the claim is against a carrier providing trans-
portation subject to jurisdiction under chapter 135 and an
227
election to file a complaint with the Panel or Secretary,
as applicable, is made under section 14704(c)(1), the com-
plaint must be filed within 3 years after the claim accrues.
‘‘(c) DAMAGES.—A person must file a complaint with
the Panel or Secretary, as applicable, to recover damages
under section 14704(b)(2) of this title within 2 years after
the claim accrues.
‘‘(d) EXTENSIONS.—The limitation periods under sub-
section (b) of this section are extended for 6 months from
the time written notice is given to the claimant by the car-
rier of disallowance of any part of the claim specified in
the notice if a written claim is given to the carrier within
those limitation periods. The limitation periods under sub-
section (b) of this section and the 2-year period under sub-
section (c) of this section are extended for 90 days from
the time the carrier begins a civil action under subsection
(a) of this section to recover charges related to the same
transportation or service, or collects (without beginning a
civil action under that subsection) the charge for that trans-
portation or service if that action is begun or collection is
made within the appropriate period.
‘‘(e) PAYMENT.—A person must begin a civil action
to enforce an order of the Panel or Secretary against a car-
rier for the payment of money within 1 year after the date
the order required the money to be paid.
228
‘‘(f) GOVERNMENT TRANSPORTATION.—This section
applies to transportation for the United States Government.
The time limitations under this section are extended, as re-
lated to transportation for or on behalf of the United States
Government, for 3 years from the later of the date of—
‘‘(1) payment of the rate for the transportation
or service involved;
‘‘(2) subsequent refund for overpayment of that
rate; or
‘‘(3) deduction made under section 3726 of title
31.
‘‘(g) ACCRUAL DATE.—A claim related to a shipment
of property accrues under this section on delivery or tender
of delivery by the carrier.
‘‘§ 14706. Liability of carriers under receipts and bills
of lading
‘‘(a) GENERAL LIABILITY.—
‘‘(1) MOTOR
CARRIERS
AND
FREIGHT
FOR-
WARDERS.—A carrier providing transportation or
service subject to jurisdiction under subchapter I or
III of chapter 135 shall issue a receipt or bill of lad-
ing for property it receives for transportation under
this part. That carrier and any other carrier that de-
livers the property and is providing transportation or
service subject to jurisdiction under subchapter I or
229
III of chapter 135 or chapter 105 are liable to the
person entitled to recover under the receipt or bill of
lading. The liability imposed under this paragraph is
for the actual loss or injury to the property caused by
(A) the receiving carrier, (B) the delivering carrier,
or (C) another carrier over whose line or route the
property is transported in the United States or from
a place in the United States to a place in an adjacent
foreign country when transported under a through
bill of lading and, except in the case of a freight for-
warder, applies to property reconsigned or diverted
under a tariff filed under section 13702 of this title.
Failure to issue a receipt or bill of lading does not
affect the liability of a carrier. A delivering carrier
is deemed to be the carrier performing the line-haul
transportation nearest the destination but does not
include a carrier providing only a switching service
at the destination.
‘‘(2) FREIGHT
FORWARDER.—A freight for-
warder is both the receiving and delivering carrier.
When a freight forwarder provides service and uses a
motor carrier providing transportation subject to ju-
risdiction under subchapter I of chapter 135 to re-
ceive property from a consignor, the motor carrier
may execute the bill of lading or shipping receipt for
230
the freight forwarder with its consent. With the con-
sent of the freight forwarder, a motor carrier may de-
liver property for a freight forwarder on the freight
forwarder’s bill of lading, freight bill, or shipping re-
ceipt to the consignee named in it, and receipt for the
property may be made on the freight forwarder’s de-
livery receipt.
‘‘(b) APPORTIONMENT.—The carrier issuing the receipt
or bill of lading under subsection (a) of this section or deliv-
ering the property for which the receipt or bill of lading
was issued is entitled to recover from the carrier over whose
line or route the loss or injury occurred the amount required
to be paid to the owners of the property, as evidenced by
a receipt, judgment, or transcript, and the amount of its
expenses reasonably incurred in defending a civil action
brought by that person.
‘‘(c) SPECIAL RULES.—
‘‘(1) LIMITATION OF LIABILITY BY CONTRACT.—
A carrier may limit or be exempt from liability im-
posed under subsection (a) of this section by a mutual
written agreement, that is referred to in the receipt,
bill of lading, or contract for the transportation in-
volved entered into with the shipper, to limit liability
to a specified amount.
231
‘‘(2) WATER
CARRIERS.—If loss or injury to
property occurs while it is in the custody of a water
carrier, the liability of that carrier is determined by
its bill of lading and the law applicable to water
transportation. The liability of the initial or deliver-
ing carrier is the same as the liability of the water
carrier.
‘‘(d) CIVIL ACTIONS.—
‘‘(1) AGAINST DELIVERING CARRIER.—A civil ac-
tion under this section may be brought against a de-
livering carrier (other than a rail carrier) in a dis-
trict court of the United States or in a State court.
Trial, if the action is brought in a district court of
the United States is in a judicial district, and if in
a State court, is in a State through which the defend-
ant carrier operates.
‘‘(2) 
AGAINST
CARRIER
RESPONSIBLE
FOR
LOSS.—A civil action under this section may be
brought against the carrier alleged to have caused the
loss or damage, in the judicial district in which such
loss or damage is alleged to have occurred.
‘‘(3) JURISDICTION OF COURTS.—A civil action
under this section may be brought in a United States
district court or in a State court.
232
‘‘(4) JUDICIAL DISTRICT DEFINED.—In this sec-
tion, ‘judicial district’ means—
‘‘(A) in the case of a United States district
court, a judicial district of the United States;
and
‘‘(B) in the case of a State court, the appli-
cable geographic area over which such court exer-
cises jurisdiction.
‘‘(e) MINIMUM PERIOD FOR FILING CLAIMS.—
‘‘(1) IN GENERAL.—A carrier may not provide
by rule, contract, or otherwise, a period of less than
9 months for filing a claim against it under this sec-
tion and a period of less than 2 years for bringing
a civil action against it under this section. The pe-
riod for bringing a civil action is computed from the
date the carrier gives a person written notice that the
carrier has disallowed any part of the claim specified
in the notice.
‘‘(2) SPECIAL RULES.—For the purposes of this
subsection—
‘‘(A) an offer of compromise shall not con-
stitute a disallowance of any part of the claim
unless the carrier, in writing, informs the claim-
ant that such part of the claim is disallowed and
provides reasons for such disallowance; and
233
‘‘(B) communications received from a car-
rier’s insurer shall not constitute a disallowance
of any part of the claim unless the insurer, in
writing, informs the claimant that such part of
the claim is disallowed, provides reason for such
disallowance, and informs the claimant that the
insurer is acting on behalf of the carrier.
‘‘(f) LIMITING LIABILITY OF HOUSEHOLD GOODS CAR-
RIERS TO DECLARED VALUE.—A carrier or group of car-
riers subject to jurisdiction under subchapter I or III of
chapter 135 may petition the Panel to modify, eliminate,
or establish rates for the transportation of household goods
under which the liability of the carrier for that property
is limited to a value established by written declaration of
the shipper or by a written agreement.
‘‘(g) MODIFICATIONS AND REFORMS.—
‘‘(1) STUDY.—The Secretary shall conduct a
study to determine whether any modifications or re-
forms should be made to the loss and damage provi-
sions of this section.
‘‘(2) FACTORS TO CONSIDER.—In conducting the
study, the Secretary, at a minimum, shall consider—
‘‘(A) the efficient delivery of transportation
services;
234
‘‘(B) international and intermodal har-
mony;
‘‘(C) the public interest; and
‘‘(D) the interest of carriers and shippers.
‘‘(3) REPORT.—Not later than 18 months after
the effective date of this section, the Secretary shall
submit to Congress a report on the results of the
study, together with any recommendations of the Sec-
retary (including legislative recommendations) for
implementing modifications or reforms identified by
the Secretary as being appropriate.
‘‘§ 14707. Private enforcement of registration require-
ment
‘‘(a) IN GENERAL.—If a person provides transpor-
tation by motor vehicle or service in clear violation of sec-
tion 13901–13904 or 13906, a person injured by the trans-
portation or service may bring a civil action to enforce any
such section. In a civil action under this subsection, trial
is in the judicial district in which the person who violated
that section operates.
‘‘(b) PROCEDURE.—A copy of the complaint in a civil
action under subsection (a) shall be served on the Secretary
and a certificate of service must appear in the complaint
filed with the court. The Secretary may intervene in a civil
action under subsection (a). The Secretary may notify the
235
district court in which the action is pending that the Sec-
retary intends to consider the matter that is the subject of
the complaint in a proceeding before the Secretary. When
that notice is filed, the court shall stay further action pend-
ing disposition of the proceeding before the Secretary.
‘‘(c) ATTORNEY’S FEES.—In a civil action under sub-
section (a), the court may determine the amount of and
award a reasonable attorney’s fee to the prevailing party.
That fee is in addition to costs allowable under the Federal
Rules of Civil Procedure.
‘‘§ 14708. Dispute settlement program for household
goods carriers
‘‘(a) OFFERING SHIPPERS ARBITRATION.—As a condi-
tion of registration under section 13902 or 13903, a carrier
providing transportation of household goods subject to juris-
diction under subchapter I or III of chapter 135 must agree
to offer in accordance with this section to shippers of house-
hold goods arbitration as a means of settling disputes be-
tween such carriers and shippers of household goods con-
cerning damage or loss to the household goods transported.
‘‘(b) ARBITRATION REQUIREMENTS.—
‘‘(1) PREVENTION OF SPECIAL ADVANTAGE.—The
arbitration that is offered must be designed to prevent
a carrier from having any special advantage in any
case in which the claimant resides or does business at
236
a place distant from the carrier’s principal or other
place of business.
‘‘(2) NOTICE OF ARBITRATION PROCEDURE.—The
carrier must provide the shipper an adequate notice
of the availability of neutral arbitration, including a
concise easy-to-read, accurate summary of the arbi-
tration procedure, any applicable fees, and disclosure
of the legal effects of election to utilize arbitration.
Such notice must be given to persons for whom house-
hold goods are to be transported by the carrier before
such goods are tendered to the carrier for transpor-
tation.
‘‘(3) PROVISION OF FORMS.—Upon request of a
shipper, the carrier must promptly provide such
forms and other information as are necessary for ini-
tiating an action to resolve a dispute under arbitra-
tion.
‘‘(4) INDEPENDENCE
OF
ARBITRATOR.—Each
person authorized to arbitrate or otherwise settle dis-
putes must be independent of the parties to the dis-
pute and must be capable, as determined under such
regulations as the Secretary may issue, to resolve such
disputes fairly and expeditiously. The carrier must
ensure that each person chosen to settle the disputes
is authorized and able to obtain from the shipper or
237
carrier any material and relevant information to the
extent necessary to carry out a fair and expeditious
decision making process.
‘‘(5) LIMITATION ON FEES.—No fee of more than
$25 may be charged a shipper for instituting an arbi-
tration proceeding under this subsection. In any case
in which a shipper is charged a fee under this para-
graph for instituting an arbitration proceeding and
such dispute is settled in favor of the shipper, the per-
son settling the dispute must refund such fee to the
shipper unless the person settling the dispute deter-
mines that such refund is inappropriate.
‘‘(6) REQUESTS.—The carrier must not require
the shipper to agree to utilize arbitration prior to the
time that a dispute arises. If the dispute involves a
claim for $1,000 or less and the shipper requests arbi-
tration, such arbitration shall be binding on the par-
ties. If the dispute involves a claim for more than
$1,000 and the shipper requests arbitration, such ar-
bitration shall be binding on the parties only if the
carrier agrees to arbitration.
‘‘(7) ORAL PRESENTATION OF EVIDENCE.—The
arbitrator may provide for an oral presentation of a
dispute concerning transportation of household goods
by a party to the dispute (or a party’s representa-
238
tive), but such oral presentation may be made only if
all parties to the dispute expressly agree to such pres-
entation and the date, time, and location of such
presentation.
‘‘(8) DEADLINE FOR DECISION.—The arbitrator
must, as expeditiously as possible but at least within
60 days of receipt of written notification of the dis-
pute, render a decision based on the information
gathered; except that, in any case in which a party
to the dispute fails to provide in a timely manner
any information concerning such dispute which the
person settling the dispute may reasonably require to
resolve the dispute, the arbitrator may extend such
60-day period for a reasonable period of time. A deci-
sion resolving a dispute may include any remedies
appropriate under the circumstances, including re-
pair, replacement, refund, reimbursement for ex-
penses, and compensation for damages.
‘‘(c) LIMITATION ON USE OF MATERIALS.—Materials
and information obtained in the course of a decision mak-
ing process to settle a dispute by arbitration under this sec-
tion may not be used to bring an action under section
14905.
‘‘(d) ATTORNEY’S FEES TO SHIPPERS.—In any court
action to resolve a dispute between a shipper of household
239
goods and a motor carrier providing transportation or serv-
ice subject to jurisdiction under subchapter I or III of chap-
ter 135 concerning the transportation of household goods by
such carrier, the shipper shall be awarded reasonable attor-
ney’s fees if—
‘‘(1) the shipper submits a claim to the carrier
within 120 days after the date the shipment is deliv-
ered or the date the delivery is scheduled, whichever
is later;
‘‘(2) the shipper prevails in such court action;
and
‘‘(3)(A) a decision resolving the dispute was not
rendered through arbitration under this section with-
in the period provided under subsection (b)(8) of this
section or an extension of such period under such sub-
section; or
‘‘(B) the court proceeding is to enforce a decision
rendered through arbitration under this section and is
instituted after the period for performance under such
decision has elapsed.
‘‘(e) ATTORNEY’S FEES TO CARRIERS.—In any court
action to resolve a dispute between a shipper of household
goods and a carrier providing transportation, or service
subject to jurisdiction under subchapter I or III of chapter
135 concerning the transportation of household goods by
240
such carrier, such carrier may be awarded reasonable attor-
ney’s fees by the court only if the shipper brought such ac-
tion in bad faith—
‘‘(1) after resolution of such dispute through ar-
bitration under this section; or
‘‘(2) after institution of an arbitration proceed-
ing by the shipper to resolve such dispute under this
section but before—
‘‘(A) the period provided under subsection
(b)(8) for resolution of such dispute (including,
if applicable, an extension of such period under
such subsection) ends; and
‘‘(B) a decision resolving such dispute is
rendered.
‘‘(f) LIMITATION OF APPLICABILITY TO COLLECT-ON-
DELIVERY TRANSPORTATION.—The provisions of this sec-
tion shall apply only in the case of collect-on-delivery trans-
portation of those types of household goods.
‘‘§ 14709. Tariff reconciliation rules for motor carriers
of property
‘‘Subject to review and approval by the Panel, motor
carriers subject to jurisdiction under subchapter I of chap-
ter 135 (other than motor carriers providing transportation
of household goods) and shippers may resolve, by mutual
consent, overcharge and under-charge claims resulting from
241
incorrect tariff provisions or billing errors arising from the
inadvertent failure to properly and timely file and main-
tain agreed upon rates, rules, or classifications in compli-
ance with sections 10761 and 10762 of this title as in effect
on the day before the effective date of this section. Resolution
of such claims among the parties shall not subject any party
to the penalties for departing from a filed tariff.
‘‘CHAPTER 149—CIVIL AND CRIMINAL PENALTIES
Sec.
‘‘14901. General civil penalties.
‘‘14902. Civil penalty for accepting rebates from carrier.
‘‘14903. Tariff violations.
‘‘14904. Additional rate violations.
‘‘14905. Penalties for violations of rules relating to loading and unloading motor
vehicles.
‘‘14906. Evasion of regulation of carriers and brokers.
‘‘14907. Record keeping and reporting violations.
‘‘14908. Unlawful disclosure of information.
‘‘14909. Disobedience to subpoenas.
‘‘14910. General criminal penalty when specific penalty not provided.
‘‘14911. Punishment of corporation for violations committed by certain individ-
uals.
‘‘14912. Weight-bumping in household goods transportation.
‘‘14913. Conclusiveness of rates in certain prosecutions.
‘‘§ 14901. General civil penalties
‘‘(a) REPORTING AND RECORDKEEPING.—A person re-
quired to make a report to the Secretary or the Panel, an-
swer a question, or make, prepare, or preserve a record
under this part concerning transportation subject to juris-
diction under subchapter I or III of chapter 135 or trans-
portation by a foreign carrier registered under section
13902, or an officer, agent, or employee of that person
that—
‘‘(1) does not make the report;
242
‘‘(2) does not specifically, completely, and truth-
fully answer the question;
‘‘(3) does not make, prepare, or preserve the
record in the form and manner prescribed;
‘‘(4) does not comply with section 13901; or
‘‘(5) does not comply with section 13902(c);
is liable to the United States Government for a civil penalty
of not less than $500 for each violation and for each addi-
tional day the violation continues; except that, in the case
of a person who is not registered under this part to provide
transportation of passengers, or an officer, agent, or em-
ployee of such person, that does not comply with section
13901 with respect to providing transportation of pas-
sengers, the amount of the civil penalty shall not be less
than $2,000 for each violation and for each additional day
the violation continues.
‘‘(b) TRANSPORTATION OF HAZARDOUS WASTES.—A
person subject to jurisdiction under subchapter I of chapter
135, or an officer, agent, or employee of that person, and
who is required to comply with section 13901 of this title
but does not so comply with respect to the transportation
of hazardous wastes as defined by the Environmental Pro-
tection Agency pursuant to section 3001 of the Solid Waste
Disposal Act (but not including any waste the regulation
of which under the Solid Waste Disposal Act has been sus-
243
pended by Congress) shall be liable to the United States for
a civil penalty not to exceed $20,000 for each violation.
‘‘(c) FACTORS
TO
CONSIDER
IN
DETERMINING
AMOUNT.—In determining and negotiating the amount of
a civil penalty under subsection (a) or (d) concerning trans-
portation of household goods, the degree of culpability, any
history of prior such conduct, the degree of harm to shipper
or shippers, ability to pay, the effect on ability to do busi-
ness, whether the shipper has been adequately compensated
before institution of the proceeding, and such other matters
as fairness may require shall be taken into account.
‘‘(d) PROTECTION
OF HOUSEHOLD GOODS SHIP-
PERS.—If a carrier providing transportation of household
goods subject to jurisdiction under subchapter I or III of
chapter 135 or a receiver or trustee of such carrier fails
or refuses to comply with any regulation issued by the Sec-
retary or the Panel relating to protection of individual
shippers, such carrier, receiver, or trustee is liable to the
United States for a civil penalty of not less than $1,000
for each violation and for each additional day during which
the violation continues.
‘‘(e) VIOLATION RELATING TO TRANSPORTATION OF
HOUSEHOLD GOODS.—Any person that knowingly engages
in or knowingly authorizes an agent or other person—
244
‘‘(1) to falsify documents used in the transpor-
tation of household goods subject to jurisdiction under
subchapter I or III of chapter 135 which evidence the
weight of a shipment; or
‘‘(2) to charge for accessorial services which are
not performed or for which the carrier is not entitled
to be compensated in any case in which such services
are not reasonably necessary in the safe and adequate
movement of the shipment;
is liable to the United States for a civil penalty of not less
than $2,000 for each violation and of not less than $5,000
for each subsequent violation. Any State may bring a civil
action in the United States district courts to compel a per-
son to pay a civil penalty assessed under this subsection.
‘‘(f) VENUE.—Trial in a civil action under subsections
(a) through (e) of this section is in the judicial district in
which—
‘‘(1) the carrier or broker has its principal office;
‘‘(2) the carrier or broker was authorized to pro-
vide transportation or service under this part when
the violation occurred;
‘‘(3) the violation occurred; or
‘‘(4) the offender is found.
245
Process in the action may be served in the judicial district
of which the offender is an inhabitant or in which the of-
fender may be found.
‘‘§ 14902. Civil penalty for accepting rebates from car-
rier
‘‘A person—
‘‘(1) delivering property to a carrier providing
transportation or service subject to jurisdiction under
chapter 135 for transportation under this part or for
whom that carrier will transport the property as con-
signor or consignee for that person from a State or
territory or possession of the United States to another
State or possession, territory, or to a foreign country;
and
‘‘(2) knowingly accepting or receiving by any
means a rebate or offset against the rate for transpor-
tation for, or service of, that property contained in a
tariff required under section 13702;
is liable to the United States Government for a civil penalty
in an amount equal to 3 times the amount of money that
person accepted or received as a rebate or offset and 3 times
the value of other consideration accepted or received as a
rebate or offset. In a civil action under this section, all
money or other consideration received by the person during
a period of 6 years before an action is brought under this
246
section may be included in determining the amount of the
penalty, and if that total amount is included, the penalty
shall be 3 times that total amount.
‘‘§ 14903. Tariff violations
‘‘(a) CRIMINAL PENALTY FOR UNDERCHARGING.—A
person that knowingly offers, grants, gives, solicits, accepts,
or receives by any means transportation or service provided
for property by a carrier subject to jurisdiction under chap-
ter 135 at less than the rate in effect under section 13702
shall be fined at least $1,000 but not more than $20,000,
imprisoned for not more than 2 years, or both.
‘‘(b) GENERAL CRIMINAL PENALTY.—A carrier pro-
viding transportation or service subject to jurisdiction
under chapter 135 or an officer, director, receiver, trustee,
lessee, agent, or employee of a corporation that is subject
to jurisdiction under that chapter, that willfully does not
observe its tariffs as required under section 13702, shall be
fined at least $1,000 but not more than $20,000, imprisoned
for not more than 2 years, or both.
‘‘(c) ACTIONS OF AGENTS AND EMPLOYEES.—When
acting in the scope of their employment, the actions and
omissions of persons acting for or employed by a carrier
or shipper that is subject to subsection (a) or (b) of this
section are considered to be the actions and omissions of
that carrier or shipper as well as that person.
247
‘‘(d) VENUE.—Trial in a criminal action under this
section is in the judicial district in which any part of the
violation is committed or through which the transportation
is conducted.
‘‘§ 14904. Additional rate violations
‘‘(a) REBATES BY AGENTS.—A person, or an officer,
employee, or agent of that person, that—
‘‘(1) knowingly offers, grants, gives, solicits, ac-
cepts, or receives a rebate for concession, in violation
of a provision of this part related to motor carrier
transportation subject to jurisdiction under sub-
chapter I of chapter 135; or
(2) by any means knowingly and willfully as-
sists or permits another person to get transportation
that is subject to jurisdiction under that subchapter
at less than the rate in effect for that transportation
under section 13702,
shall be fined at least $200 for the first violation and at
least $250 for a subsequent violation.
‘‘(b) UNDERCHARGING.—
‘‘(1) FREIGHT
FORWARDER.—A freight for-
warder providing service subject to jurisdiction under
subchapter III of chapter 135, or an officer, agent, or
employee of that freight forwarder, that knowingly
and willfully assists a person in getting, or willingly
248
permits a person to get, service provided under that
subchapter at less than the rate in effect for that serv-
ice under section 13702, shall be fined not more than
$500 for the first violation and not more than $2,000
for a subsequent violation.
‘‘(2) AGENTS
AND
OTHERS.—A person that
knowingly and willfully by any means gets, or at-
tempts to get, service provided under subchapter III
of chapter 135 at less than the rate in effect for that
service under section 13702, shall be fined not more
than $500 for the first violation and not more than
$2,000 for a subsequent violation.
‘‘§ 14905. Penalties for violations of rules relating to
loading and unloading motor vehicles
‘‘(a) CIVIL PENALTIES.—Any person who knowingly
authorizes, consents to, or permits a violation of subsection
(a) or (b) of section 14103 or who knowingly violates sub-
section (a) of such section is liable to the United States Gov-
ernment for a civil penalty of not more than $10,000 for
each violation.
‘‘(b) CRIMINAL PENALTIES.—Any person who know-
ingly violates section 14103(b) of this title shall be fined
not more than $10,000, imprisoned for not more than 2
years, or both.
249
‘‘§ 14906. Evasion of regulation of carriers and bro-
kers
‘‘A person, or an officer, employee, or agent of that
person that by any means knowingly and willfully tries to
evade regulation provided under this part for carriers or
brokers shall be fined at least $200 for the first violation
and at least $250 for a subsequent violation.
‘‘§ 14907. Record keeping and reporting violations
‘‘A person required to make a report to the Secretary
or the Panel, as applicable, answer a question, or make,
prepare, or preserve a record under this part about trans-
portation subject to jurisdiction under subchapter I or III
of chapter 135, or an officer, agent, or employee of that per-
son, that—
‘‘(1) willfully does not make that report;
‘‘(2) willfully does not specifically, completely,
and truthfully answer that question in 30 days from
the date the Secretary or Panel, as applicable, re-
quires the question to be answered;
‘‘(3) willfully does not make, prepare, or preserve
that record in the form and manner prescribed;
‘‘(4) knowingly and willfully falsifies, destroys,
mutilates, or changes that report or record;
‘‘(5) knowingly and willfully files a false report
or record;
250
‘‘(6) knowingly and willfully makes a false or
incomplete entry in that record about a business re-
lated fact or transaction; or
‘‘(7) knowingly and willfully makes, prepares, or
preserves a record in violation of an applicable regu-
lation or order of the Secretary or Panel;
shall be fined not more than $5,000.
‘‘§ 14908. Unlawful disclosure of information
‘‘(a) DISCLOSURE OF SHIPMENT AND ROUTING INFOR-
MATION.—
‘‘(1) VIOLATIONS.—A carrier or broker providing
transportation subject to jurisdiction under sub-
chapter I, II, or III of chapter 135 or an officer, re-
ceiver, trustee, lessee, or employee of that carrier or
broker, or another person authorized by that carrier
or broker to receive information from that carrier or
broker may not knowingly disclose to another person,
except the shipper or consignee, and another person
may not solicit, or knowingly receive, information
about the nature, kind, quantity, destination, con-
signee, or routing of property tendered or delivered to
that carrier or broker for transportation provided
under this part without the consent of the shipper or
consignee if that information may be used to the det-
riment of the shipper or consignee or may disclose
251
improperly to a competitor the business transactions
of the shipper or consignee.
‘‘(2) FINE; VENUE.—A person violating para-
graph (1) of this subsection shall be fined not less
than $2,000. Trial in a criminal action under this
paragraph is in the judicial district in which any
part of the violation is committed.
‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—
This part does not prevent a carrier or broker providing
transportation subject to jurisdiction under chapter 135
from giving information—
‘‘(1) in response to legal process issued under au-
thority of a court of the United States or a State;
‘‘(2) to an officer, employee, or agent of the
United States Government, a State, or a territory or
possession of the United States; or
‘‘(3) to another carrier or its agent to adjust mu-
tual traffic accounts in the ordinary course of busi-
ness.
‘‘§ 14909. Disobedience to subpoenas
‘‘A person not obeying a subpoena or requirement of
the Secretary or the Panel to appear and testify or produce
records shall be fined not less than $5,000, imprisoned for
not more than 1 year, or both.
252
‘‘§ 14910. General criminal penalty when specific pen-
alty not provided
‘‘When another criminal penalty is not provided under
this chapter, a person that knowingly and willfully violates
a provision of this part or a regulation or order prescribed
under this part, or a condition of a registration under this
part related to transportation that is subject to jurisdiction
under subchapter I or III of chapter 135 or a condition
of a registration under section 13902, shall be fined at least
$500 for the first violation and at least $500 for a subse-
quent violation. A separate violation occurs each day the
violation continues.
‘‘§ 14911. Punishment of corporation for violations
committed by certain individuals
‘‘An act or omission that would be a violation of this
part if committed by a director, officer, receiver, trustee,
lessee, agent, or employee of a carrier providing transpor-
tation or service subject to jurisdiction under chapter 135
that is a corporation is also a violation of this part by that
corporation. The penalties of this chapter apply to that vio-
lation. When acting in the scope of their employment, the
actions and omissions of individuals acting for or employed
by that carrier are considered to be the actions and omis-
sions of that carrier as well as that individual.
253
‘‘§ 14912. Weight-bumping in household goods trans-
portation
‘‘(a) WEIGHT-BUMPING DEFINED.—For the purposes
of this section, ‘weight-bumping’ means the knowing and
willful making or securing of a fraudulent weight on a ship-
ment of household goods which is subject to jurisdiction
under subchapter I or III of chapter 135.
‘‘(b) PENALTY.—Any individual who has been found
to have committed weight-bumping shall, for each offense,
be fined at least $1,000 but not more than $10,000, impris-
oned for not more than 2 years, or both.
‘‘§ 14913. Conclusiveness of rates in certain prosecu-
tions
‘‘When a carrier publishes or files a particular rate
under section 13702 or participates in such a rate, the pub-
lished or filed rate is conclusive proof against that carrier,
its officers, and agents that it is the legal rate for that trans-
portation or service in a proceeding begun under section
14902 or 14903. A departure, or offer to depart, from that
published or filed rate is a violation of those sections.’’.
SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.
(a) MULTIPLE INSURERS.—Section 31138(c) of title
49, United States Code, is amended by adding at the end
thereof the following new paragraph:
‘‘(3) A motor carrier may obtain the required amount
of financial responsibility from more than one source pro-
254
vided the cumulative amount is equal to the minimum re-
quirements of this section.’’.
(b) MINIMUM FINANCIAL RESPONSIBILITY REQUIRE-
MENTS WITH RESPECT
TO CERTAIN MASS TRANSPOR-
TATION SERVICE.—Section 31138(e) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) providing mass transportation service with-
in a transit service area in other than urbanized
areas under an agreement with a State or local gov-
ernment funded, in whole or in part, with a grant
under section 5310 or 5311, including transportation
designed and carried out to meet the special needs of
elderly individuals and individuals with disabilities;
provided that, in any case in which the transit serv-
ice area is located in more than 1 State, the mini-
mum level of financial responsibility for such motor
vehicle will be at least the highest level required for
any of such States.’’.
(c) TRANSPORTERS OF PROPERTY.—Section 31139(e)
of such title is amended by adding at the end thereof the
following:
255
‘‘(3) A motor carrier may obtain the required amount
of financial responsibility from more than one source pro-
vided the cumulative amount is equal to the minimum re-
quirements of this section.’’.
(d) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31132(1) of such title is amended—
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and
(2) by striking subparagraph (B) and inserting
the following:
‘‘(B) is designed or used to transport pas-
sengers for compensation, but excluding vehicles
providing taxicab service and having a capacity
of not more than 6 passengers and not operated
on a regular route or between specified places;
‘‘(C) is designed or used to transport more
than 15 passengers, including the driver, and is
not used to transport passengers for compensa-
tion; or’’.
(e) SELF-INSURANCE
RULES.—The Secretary of
Transportation shall continue to enforce the rules and regu-
lations of the Interstate Commerce Commission, as in effect
on July 1, 1995, governing the qualifications for approval
of a motor carrier as a self-insurer, until such time as the
256
Secretary finds it in the public interest to revise such rules.
The revised rules must provide for—
(1) continued ability of motor carriers to qualify
as self-insurers; and
(2) the continued qualification of all carriers
then so qualified under the terms and conditions set
by the Interstate Commerce Commission or Secretary
at the time of qualification.
(f) AUTOMOBILE TRANSPORTERS DEFINED.—The Sec-
retary of Transportation shall issue a regulation amending
the definition of automobile transporters under part 658 of
title 23, Code of Federal Regulations, to mean any vehicle
combination designed and used specifically for the trans-
port of assembled (capable of being driven) highway vehi-
cles, race car transporters, or specialty trailers designed for
the racing industry with a 10-foot 1-inch spread axle set-
ting.
TITLE II—TRANSPORTATION
ADJUDICATION PANEL
SEC. 201. TITLE 49 AMENDMENT.
(a) AMENDMENT.—Subtitle I of title 49, United States
Code, is amended by adding at the end the following new
chapter:
257
‘‘CHAPTER 7—TRANSPORTATION
ADJUDICATION PANEL
‘‘SUBCHAPTER I—ESTABLISHMENT
Sec.
‘‘701. Establishment of Panel.
‘‘702. Functions.
‘‘703. Administrative provisions.
‘‘704. Annual report.
‘‘705. Authorization of appropriations.
‘‘706. Reporting official action.
‘‘SUBCHAPTER II—ADMINISTRATIVE
‘‘721. Powers.
‘‘722. Panel action.
‘‘723. Service of notice in Panel proceedings.
‘‘724. Service of process in court proceedings.
‘‘725. National organization of State commissions.
‘‘726. Administrative support.
‘‘727. Definitions.
‘‘SUBCHAPTER I—ESTABLISHMENT
‘‘§ 701. Establishment of Panel
‘‘(a) ESTABLISHMENT.—There is hereby established
within the Department of Transportation the Transpor-
tation Adjudication Panel.
‘‘(b) MEMBERSHIP.—(1) The Panel shall consist of 3
members, to be appointed by the President, by and with
the advice and consent of the Senate. Not more than 2 mem-
bers may be appointed from the same political party.
‘‘(2) At any given time, at least 2 members of the Panel
shall be individuals with professional standing and dem-
onstrated knowledge in the fields of transportation or trans-
portation regulation, and at least one member shall be an
individual with professional or business experience in the
private sector.
258
‘‘(3) The term of each member of the Panel shall be
5 years and shall begin when the term of the predecessor
of that member ends. An individual appointed to fill a va-
cancy occurring before the expiration of the term for which
the predecessor of that individual was appointed, shall be
appointed for the remainder of that term. When the term
of office of a member ends, the member may continue to
serve until a successor is appointed and qualified, but for
a period not to exceed one year. The President may remove
a member for inefficiency, neglect of duty, or malfeasance
in office.
‘‘(4) On the effective date of this section, the members
of the Interstate Commerce Commission then serving
unexpired terms shall become members of the Panel, to serve
for a period of time equal to the remainder of the term for
which they were originally appointed to the Interstate Com-
merce Commission.
‘‘(5) No individual may serve as a member of the
Panel for more than 2 terms. In the case of an individual
who becomes a member of the Panel pursuant to paragraph
(4), or an individual appointed to fill a vacancy occurring
before the expiration of the term for which the predecessor
of that individual was appointed, such individual may not
be appointed for more than one additional term.
259
‘‘(6) A member of the Panel may not have a pecuniary
interest in, hold an official relation to, or own stock in or
bonds of, a carrier providing transportation by any mode
and may not engage in another business, vocation, or em-
ployment.
‘‘(7) A vacancy in the membership of the Panel does
not impair the right of the remaining members to exercise
all of the powers of the Panel. The Panel may designate
a member to act as Director during any period in which
there is no Director designated by the President.
‘‘(c) DIRECTOR.—(1) There shall be at the head of the
Panel a Director, who shall be designated by the President
from among the members of the Panel. The Director shall
receive compensation at the rate prescribed for level III of
the Executive Schedule under section 5314 of title 5.
‘‘(2) Subject to the general policies, decisions, findings,
and determinations of the Panel the Director shall be re-
sponsible for administering the Panel. The Director may
delegate the powers granted under this paragraph to an offi-
cer, employee, or office of the Panel. The Director shall—
‘‘(A) appoint and supervise, other than regular
and full time employees in the immediate offices of
another member, the officers and employees of the
Panel, including attorneys to provide legal aid and
260
service to the Panel and its members, and to represent
the Panel in any case in court;
‘‘(B) appoint the heads of offices with the ap-
proval of the Panel;
‘‘(C) distribute Panel responsibilities among offi-
cers and employees and offices of the Panel;
‘‘(D) prepare requests for appropriations for the
Panel and submit those requests to the President and
Congress with the prior approval of the Panel; and
‘‘(E) supervise the expenditure of funds allocated
by the Panel for major programs and purposes.
‘‘§ 702. Functions
‘‘Except as otherwise provided in the ICC Termination
Act of 1995, or the amendments made thereby, the Panel
shall perform all functions that, immediately before the ef-
fective date of such Act, were functions of the Interstate
Commerce Commission or were performed by any officer or
employee of the Interstate Commerce Commission in the ca-
pacity as such officer or employee.
‘‘§ 703. Administrative provisions
‘‘(a) EXECUTIVE REORGANIZATION.—Chapter 9 of title
5, United States Code, shall apply to the Panel in the same
manner as it does to an independent regulatory agency.
261
‘‘(b) OPEN MEETINGS.—For purposes of section 552b
of title 5, United States Code, the Panel shall be deemed
to be an agency.
‘‘(c) INDEPENDENCE.—In the performance of their
functions, the members, employees, and other personnel of
the Panel shall not be responsible to or subject to the super-
vision or direction of any officer, employee, or agent of any
other part of the Department of Transportation.
‘‘(d) REPRESENTATION
BY ATTORNEYS.—Attorneys
designated by the Director of the Panel may appear for,
and represent the Panel in, any civil action brought in con-
nection with any function carried out by the Panel pursu-
ant to this chapter or subtitle IV or as otherwise authorized
by law.
‘‘(e) ADMISSION TO PRACTICE.—Subject to section 500
of title 5, the Panel may regulate the admission of individ-
uals to practice before it and may impose a reasonable ad-
mission fee.
‘‘(f) BUDGET REQUESTS.—In each annual request for
appropriations by the President, the Secretary of Transpor-
tation shall identify the portion thereof intended for the
support of the Panel and include a statement by the
Panel—
262
‘‘(1) showing the amount requested by the Panel
in its budgetary presentation to the Secretary and the
Office of Management and Budget; and
‘‘(2) an assessment of the budgetary needs of the
Panel.
‘‘(g) DIRECT TRANSMITTAL TO CONGRESS.—The Panel
shall transmit to Congress copies of budget estimates, re-
quests, and information (including personnel needs), legis-
lative recommendations, prepared testimony for congres-
sional hearings, and comments on legislation at the same
time they are sent to the Secretary of Transportation. An
officer of an agency may not impose conditions on or im-
pair communications by the Panel with Congress, or a com-
mittee or member of Congress, about the information.
‘‘§ 704. Annual report
‘‘The Panel shall annually transmit to the Congress
a report on its activities.
‘‘§ 705. Authorization of appropriations
‘‘There are authorized to be appropriated to the Sec-
retary of Transportation for the activities of the Panel—
‘‘(1) $8,421,000 for fiscal year 1996;
‘‘(2) $12,000,000 for fiscal year 1997; and
‘‘(3) $12,000,000 for fiscal year 1998.
263
‘‘§ 706. Reporting official action
‘‘(a) The Panel shall make a written report of each
proceeding conducted on complaint or on its own initiative
and furnish a copy to each party to that proceeding. The
report shall include the findings, conclusions, and the order
of the Panel and, if damages are awarded, the findings of
fact supporting the award. The Panel may have its reports
published for public use. A published report of the Panel
is competent evidence of its contents.
‘‘(b)(1) When action of the Panel in a matter related
to a rail carrier is taken by the Panel, an individual mem-
ber of the Panel, or another individual or group of individ-
uals designated to take official action for the Panel, the
written statement of that action (including a report, order,
decision and order, vote, notice, letter, policy statements,
or regulation) shall indicate—
‘‘(A) the official designation of the individual or
group taking the action;
‘‘(B) the name of each individual taking, or par-
ticipating in taking, the action; and
‘‘(C) the vote or position of each participating
individual.
‘‘(2) If an individual member of a group taking an
official action referred to in paragraph (1) of this subsection
does not participate in it, the written statement of the ac-
tion shall indicate that the member did not participate. An
264
individual participating in taking an official action is en-
titled to express the views of that individual as part of the
written statement of the action. In addition to any publica-
tion of the written statement, it shall be made available to
the public under section 552(a) of title 5.
‘‘SUBCHAPTER II—ADMINISTRATIVE
‘‘§ 721. Powers
‘‘(a) The Panel shall carry out this chapter and sub-
title IV. Enumeration of a power of the Panel in this chap-
ter or subtitle IV does not exclude another power the Panel
may have in carrying out this chapter or subtitle IV. The
Panel may prescribe regulations in carrying out this chap-
ter and subtitle IV.
‘‘(b) The Panel may—
‘‘(1) inquire into and report on the management
of the business of carriers providing, and brokers for,
transportation and services subject to subtitle IV;
‘‘(2) inquire into and report on the management
of the business of a person controlling, controlled by,
or under common control with those carriers or bro-
kers to the extent that the business of that person is
related to the management of the business of that car-
rier or broker;
265
‘‘(3) obtain from those carriers, brokers, and per-
sons information the Panel decides is necessary to
carry out subtitle IV; and
‘‘(4) when necessary to prevent irreparable harm,
issue an appropriate order without regard to sub-
chapter II of chapter 5 of title 5.
‘‘(c)(1) The Panel may subpoena witnesses and records
related to a proceeding of the Panel from any place in the
United States, to the designated place of the proceeding. If
a witness disobeys a subpoena, the Panel, or a party to a
proceeding before the Panel, may petition a court of the
United States to enforce that subpoena.
‘‘(2) The district courts of the United States have juris-
diction to enforce a subpoena issued under this section.
Trial is in the district in which the proceeding is conducted.
The court may punish a refusal to obey a subpoena as a
contempt of court.
‘‘(d)(1) In a proceeding, the Panel may take the testi-
mony of a witness by deposition and may order the witness
to produce records. A party to a proceeding pending before
the Panel 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 Panel
266
may subpoena 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.
‘‘(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 Panel or agreed on by the parties
267
by written stipulation filed with the Panel. A deposition
shall be filed with the Panel promptly.
‘‘(e) Each witness summoned before the Panel or whose
deposition is taken under this section and the individual
taking the deposition are entitled to the same fees and mile-
age paid for those services in the courts of the United States.
‘‘§ 722. Panel action
‘‘(a) Unless otherwise provided in subtitle IV, the
Panel may determine, within a reasonable time, when its
actions, other than an action ordering the payment of
money, take effect.
‘‘(b) An action of the Panel remains in effect under
its own terms or until superseded. The Panel may change,
suspend, or set aside any such action on notice. Notice may
be given in a manner determined by the Panel. A court
of competent jurisdiction may suspend or set aside any such
action.
‘‘(c) The Panel may, at any time on its own initiative
because of material error, new evidence, or substantially
changed circumstances—
‘‘(1) reopen a proceeding;
‘‘(2) grant rehearing, reargument, or reconsider-
ation of an action of the Panel; or
‘‘(3) change an action of the Panel.
268
An interested party may petition to reopen and reconsider
an action of the Panel under this subsection under regula-
tions of the Panel.
‘‘(d) Notwithstanding subtitle IV, an action of the
Panel under this section is final on the date on which it
is served, and a civil action to enforce, enjoin, suspend, or
set aside the action may be filed after that date.
‘‘§ 723. Service of notice in Panel proceedings
‘‘(a) A carrier providing transportation subject to the
jurisdiction of the Panel under subtitle IV shall designate
an agent in the District of Columbia, on whom service of
notices in a proceeding before, and of actions of, the Panel
may be made.
‘‘(b) A designation under subsection (a) of this section
shall be in writing and filed with the Panel.
‘‘(c) Except as otherwise provided, notices of the Panel
shall be served on its designated agent at the office or usual
place of residence in the District of Columbia of that agent.
A notice of action of the Panel shall be served immediately
on the agent or in another manner provided by law. If that
carrier does not have a designated agent, service may be
made by posting the notice in the office of the Panel.
‘‘(d) In a proceeding involving the lawfulness of classi-
fications, rates, or practices of a rail carrier that has not
designated an agent under this section, service of notice of
269
the Panel on an attorney in fact for the carrier constitutes
service of notice on the carrier.
‘‘§ 724. Service of process in court proceedings
‘‘(a) A carrier providing transportation subject to the
jurisdiction of the Panel under subtitle IV shall designate
an agent in the District of Columbia on whom service of
process in an action before a district court may be made.
Except as otherwise provided, process in an action before
a district court shall be served on the designated agent of
that carrier at the office or usual place of residence in the
District of Columbia of that agent. If the carrier does not
have a designated agent, service may be made by posting
the notice in the office of the Panel.
‘‘(b) A designation under this section may be changed
at any time in the same manner as originally made.
‘‘§ 725. National organization of State commissions
‘‘The Administrator of General Services shall assign
space and facilities for the use of the national organization
of the State commissions and their representatives. The
space and facilities shall be available for the use of the State
commissions and their representatives cooperating with the
Panel or with another department, agency, or instrumental-
ity of the United States Government. The rental for such
space shall be paid by the national organization’s Federal
agency members other than the Panel.
270
‘‘§ 726. Administrative support
‘‘The Secretary of Transportation shall provide appro-
priate administrative support for the Panel.
‘‘§ 727. Definitions
‘‘All terms used in this chapter that are defined in sub-
title IV shall have the meaning given those terms in that
subtitle.’’.
(b) TABLE OF CHAPTERS AMENDMENT.—The table of
chapters of subtitle I of title 49, United States Code, is
amended by adding at the end the following new item:
‘‘7.
TRANSPORTATION ADJUDICATION PANEL ........................
701’’.
SEC. 202. REORGANIZATION.
The Director of the Transportation Adjudication Panel
(in this Act referred to as the ‘‘Panel’’) may allocate or re-
allocate any function of the Panel, consistent with this title
and subchapter I of chapter 7, as amended by section 201
of this title, among the members or employees of the Panel,
and may establish, consolidate, alter, or discontinue in the
Panel any organizational entities that were entities of the
Interstate Commerce Commission, as the Director considers
necessary or appropriate.
SEC. 203. TRANSFER OF ASSETS.
Except as otherwise provided in this Act and the
amendments made by this Act, so much of the personnel,
property, records, and unexpended balances of appropria-
tions, allocations, and other funds employed, used, held,
271
available, or to be made available in connection with a
function transferred to the Panel by this Act shall be avail-
able to the Panel at such time or times as the President
directs for use in connection with the functions transferred.
SEC. 204. SAVING PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Inter-
state Commerce Commission, any officer or employee
of the Interstate Commerce Commission, or any other
Government official, or by a court of competent juris-
diction, in the performance of any function that is
transferred by this Act or the amendments made by
this Act; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant
to their terms as in effect on such effective date),
shall continue in effect according to their terms until modi-
fied, terminated, superseded, set aside, or revoked in accord-
ance with law by the President, the Panel, any other au-
thorized official, a court of competent jurisdiction, or oper-
ation of law.
272
(b) PROCEEDINGS.—(1) Except as provided in para-
graph (2), the Panel shall assume responsibility for the con-
tinuation of all proceedings pending before the Interstate
Commerce Commission, and shall complete such proceed-
ings in accordance with law and regulations as in effect
before the date of the enactment of this Act.
(2) In the case of a proceeding under a provision of
law repealed, and not reenacted, by this Act, such proceed-
ing shall be terminated.
(c) SUITS.—(1) This Act shall not affect suits com-
menced before the date of the enactment of this Act, except
that the Panel shall assume the position of the Interstate
Commerce Commission, and, except as provided in para-
graph (2), in all such suits, proceeding shall be had, appeals
taken, and judgments rendered in the same manner and
with the same effect as if this Act had not been enacted.
(2) If the court in a suit described in paragraph (1)
remands a case to the Panel, subsequent proceedings related
to such case shall proceed in accordance with applicable law
and regulations as in effect at the time of such subsequent
proceedings.
(d) EXERCISE OF AUTHORITIES.—Except as otherwise
provided by law, an officer or employee of the Panel may,
for purposes of performing a function transferred by this
Act or the amendments made by this Act, exercise all au-
273
thorities under any other provision of law that were avail-
able with respect to the performance of that function to the
official responsible for the performance of the function im-
mediately before the effective date of the transfer of the func-
tion under this Act or the amendments made by this Act.
SEC. 205. REFERENCES.
Any reference to the Interstate Commerce Commission
in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertain-
ing to the Interstate Commerce Commission or an officer
or employee of the Interstate Commerce Commission, is
deemed to refer to the Panel or a member or employee of
the Panel, as appropriate.
TITLE III—CONFORMING
AMENDMENTS
Subtitle A—Amendments to United
States Code
SEC. 301. TITLE 5 AMENDMENTS.
(a) COMPENSATION FOR POSITIONS AT LEVEL III.—
Section 5314 of title 5, United States Code, is amended by
striking ‘‘Chairman, Interstate Commerce Commission.’’
and inserting in lieu thereof ‘‘Director, Transportation Ad-
judication Panel.’’.
(b) COMPENSATION FOR POSITIONS AT LEVEL IV.—
Section 5315 of title 5, United States Code, is amended by
274
striking ‘‘Members, Interstate Commerce Commission.’’ and
inserting in lieu thereof ‘‘Members, Transportation Adju-
dication Panel.’’.
SEC. 302. TITLE 11 AMENDMENTS.
Subchapter IV of chapter 11 of title 11, United States
Code, is amended—
(1) by amending section 1162 to read as follows:
‘‘§ 1162. Definition
‘‘In this subchapter, ‘Panel’ means the ‘Transportation
Adjudication Panel’.’’; and
(2) by striking ‘‘Commission’’ each place it ap-
pears and inserting in lieu thereof ‘‘Panel’’.
SEC. 303. TITLE 18 AMENDMENT.
Section 6001(1) of title 18, United States Code, is
amended by striking ‘‘Interstate Commerce Commission’’
and inserting in lieu thereof ‘‘Transportation Adjudication
Panel’’.
SEC. 304. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.
(a) SECTION 3231.—Section 3231 of the Internal Reve-
nue Code of 1986 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (a) and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’; and
275
(2) by striking ‘‘an express carrier, sleeping car
carrier, or’’ in subsection (g) and inserting in lieu
thereof ‘‘a’’.
(b) SECTION 7701.—Section 7701 of the Internal Reve-
nue Code of 1986 is amended—
(1) in paragraph (33)(B), by striking ‘‘Federal
Power Commission’’ and inserting in lieu thereof
‘‘Federal Energy Regulatory Commission’’;
(2) in paragraph (33)(C)(i), by striking ‘‘Inter-
state Commerce Commission’’ and inserting in lieu
thereof ‘‘Transportation Adjudication Panel’’;
(3) in paragraph (33)(C)(ii), by striking ‘‘Inter-
state Commerce Commission’’ and inserting in lieu
thereof ‘‘Federal Energy Regulatory Commission’’;
(4) in paragraph (33)(F), by striking ‘‘Interstate
Commerce Commission under subchapter III of chap-
ter 105’’ and inserting in lieu thereof ‘‘Transpor-
tation Adjudication Panel under subchapter II of
chapter 135’’;
(5) in paragraph (33)(G), by striking ‘‘sub-
chapter I of chapter 105’’ and inserting in lieu there-
of ‘‘part A of subtitle IV’’; and
(6) in paragraph (33)(H), by striking ‘‘sub-
chapter I of chapter 105’’ and inserting in lieu there-
of ‘‘part A of subtitle IV’’.
276
SEC. 305. TITLE 28 AMENDMENTS.
(a) CHAPTER 157 AMENDMENTS.—(1) Chapter 157 of
title 28, United States Code, is amended—
(A) by striking ‘‘INTERSTATE COM-
MERCE COMMISSION’’ in the chapter heading
and inserting in lieu thereof ‘‘TRANSPOR-
TATION ADJUDICATION PANEL’’;
(B) by striking ‘‘Commission’s’’ in the sec-
tion heading of section 2321 and inserting in lieu
thereof ‘‘Panel’s’’;
(C) by striking ‘‘Interstate Commerce Commis-
sion’’ each place it appears and inserting in lieu
thereof ‘‘Transportation Adjudication Panel’’; and
(D) by striking ‘‘Commission’’ each place it ap-
pears and inserting in lieu thereof ‘‘Panel’’.
(2)(A) The item relating to chapter 157 in the table
of chapters of title 28, United States Code, is amended by
striking ‘‘Interstate Commerce Commission’’ and inserting
in lieu thereof ‘‘Transportation Adjudication Panel’’.
(B) The item relating to section 2321 in the table of
sections of chapter 157 of title 28, United States Code, is
amended by striking ‘‘Commission’s’’ and inserting in lieu
thereof ‘‘Panel’s’’.
(b) CHAPTER 158 AMENDMENTS.—Chapter 158 of title
28, United States Code, is amended—
277
(1) by striking ‘‘the Interstate Commerce Com-
mission,’’ in section 2341(3)(A);
(2) by striking ‘‘and’’ at the end of section
2341(3)(C);
(3) by striking the period at the end of section
2341(3)(D) and inserting in lieu thereof ‘‘; and’’;
(4) by inserting at the end of section 2341(3) the
following new subparagraph:
‘‘(E) the Panel, when the order was entered
by the Transportation Adjudication Panel.’’; and
(5) in section 2342, by—
(A) inserting ‘‘or pursuant to part B of
subtitle IV of title 49, United States Code’’ before
the semicolon at the end of paragraph (3)(A);
and
(B) striking paragraph (5) and inserting
the following:
‘‘(5) all rules, regulations, or final orders of the
Transportation Adjudication Panel made reviewable
by section 2321 of this title; and’’.
SEC. 306. TITLE 39 AMENDMENTS.
Title 39, United States Code, is amended—
(1) in section 5005(b)(3), by striking ‘‘Interstate
Commerce Commission’’ and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’; and
278
(2) in chapter 52—
(A) by amending paragraph (1) of section
5201 to read as follows:
‘‘(1) ‘Panel’ means the Transportation Adjudica-
tion Panel;’’;
(B) by striking subsection (f) of section
5203, and redesignating subsection (g) of such
section as subsection (f);
(C) in subsection (f) of section 5203, as so
redesignated by subparagraph (B) of this para-
graph, by striking ‘‘Commission’’ and inserting
in lieu thereof ‘‘Panel’’;
(D) by striking ‘‘Interstate Commerce
Commission’’ in the section heading of section
5207 and inserting in lieu thereof ‘‘Transpor-
tation Adjudication Panel’’;
(E) by striking ‘‘Commission’s’’ in sections
5208(a) and 5215(a) and inserting in lieu there-
of ‘‘Panel’s’’;
(F) by striking ‘‘Commission’’ each place it
appears and inserting in lieu thereof ‘‘Panel’’;
and
(G) in the item relating to section 5207 in
the table of sections, by striking ‘‘Interstate Com-
279
merce Commission’’ and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’.
SEC. 307. TITLE 49 AMENDMENTS.
Title 49, United States Code, is amended—
(1) in section 22106(e)(1) by striking ‘‘an appli-
cation for abandonment of’’ and inserting in lieu
thereof ‘‘a notice of intent to abandon’’; and
(2) by repealing subsection (d) of section 24705.
Subtitle B—Other Amendments
SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938
AMENDMENT.
Section 201 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1291) is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ each place it appears and inserting in lieu
thereof ‘‘Transportation Adjudication Panel’’;
(2) by striking ‘‘Commission’’ each place it ap-
pears and inserting in lieu thereof ‘‘Panel’’; and
(3) by striking ‘‘Commission’s’’ in subsection (b)
and inserting in lieu thereof ‘‘Panel’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 ‘‘Transportation
Adjudication Panel’’.
280
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 Commis-
sion shall each promulgate, within ninety days after
the date of enactment of this Act’’ and inserting in
lieu thereof ‘‘Transportation Adjudication Panel shall
each maintain’’; and
(2) by inserting ‘‘or Board’’ after ‘‘or such Com-
mission’’.
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 Commission with respect to any common carrier
subject to those Acts’’ and inserting in lieu thereof ‘‘Sec-
retary of Transportation, with respect to all carriers subject
to the jurisdiction of the Transportation Adjudication
Panel’’.
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 Commission with respect to any common carrier
subject to those Acts’’ and inserting in lieu thereof ‘‘Sec-
retary of Transportation, with respect to all carriers subject
281
to the jurisdiction of the Transportation Adjudication
Panel’’.
SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMEND-
MENT.
Section 814(b)(4) of the Fair Debt Collection Practices
Act (15 U.S.C. 1692l(b)(4)) is amended by striking ‘‘Inter-
state 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 Transportation Adjudica-
tion Panel’’.
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 ‘‘Director of the Transportation Adju-
dication Panel’’; and
(B) by striking ‘‘Commission’’ and insert-
ing in lieu thereof ‘‘Panel’’; and
(2) in section 9(b), by striking ‘‘Interstate Com-
merce Commission’’ and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’.
SEC. 318. CLAYTON ACT AMENDMENTS.
The Clayton Act is amended—
282
(1) in section 7 (15 U.S.C. 18)—
(A) by striking ‘‘Interstate Commerce Com-
mission’’ and inserting in lieu thereof ‘‘Trans-
portation Adjudication Panel’’; and
(B) by inserting ‘‘, Board,’’ after ‘‘vesting
such power in such Commission’’;
(2) in section 11(a) (15 U.S.C. 21(a)), by strik-
ing ‘‘Interstate Commerce Commission where applica-
ble to common carriers subject to the Interstate Com-
merce Act, as amended’’ and inserting in lieu thereof
‘‘Transportation Adjudication Panel where applicable
to common carriers subject to 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 in-
serting in lieu thereof ‘‘for injunctive relief against
any common carrier subject to the jurisdiction of the
Transportation Adjudication Panel 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 Commission,’’.
283
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
amended by striking ‘‘Interstate Commerce Commission’’
and inserting in lieu thereof ‘‘Transportation Adjudication
Panel’’.
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 Com-
mission’’ both places it appears and inserting in
lieu 
thereof 
‘‘Transportation 
Adjudication
Panel’’; and
(B) by striking ‘‘commission’’ and inserting
in lieu thereof ‘‘board’’; and
(2) in section 28 (46 U.S.C. App. 884)—
(A) by striking ‘‘Interstate Commerce Com-
mission’’ and inserting in lieu thereof ‘‘Trans-
portation Adjudication Panel’’; and
(B) by striking ‘‘commission’’ each place it
appears and inserting in lieu thereof ‘‘Panel’’.
SEC. 322. RAILWAY LABOR ACT AMENDMENTS.
Section 1 of the Railway Labor Act (45 U.S.C. 151)
is amended—
(1) by striking ‘‘express company, sleeping-car
company, carrier by railroad, subject to the Interstate
284
Commerce Act’’ in the first paragraph and inserting
in lieu thereof ‘‘railroad subject to the jurisdiction of
the Transportation Adjudication Panel’’;
(2) by striking ‘‘Interstate Commerce Commis-
sion’’ each place it appears in the first and fifth
paragraphs and inserting in lieu thereof ‘‘Transpor-
tation Adjudication Panel’’; and
(3) by striking ‘‘Commission’’ each place it ap-
pears in the fifth paragraph and inserting in lieu
thereof ‘‘Panel’’.
SEC. 323. RAILROAD RETIREMENT ACT OF 1974 AMEND-
MENTS.
Section 1 of the Railroad Retirement Act of 1974 (45
U.S.C. 231) is amended—
(1) by amending subsection (a)(1)(i) to read as
follows:
‘‘(i) any carrier by railroad subject to the juris-
diction of the Transportation Adjudication Panel
under part A of subtitle IV of title 49, United States
Code;’’;
(2) by striking ‘‘Interstate Commerce Commis-
sion is hereby authorized and directed upon request of
the Board’’ in subsection (a)(2)(ii) and inserting in
lieu thereof ‘‘Transportation Adjudication Panel is
285
hereby authorized and directed upon request of the
Railroad Retirement Board’’; and
(3) by inserting ‘‘the Transportation Adjudica-
tion Panel,’’ after ‘‘the Interstate Commerce Commis-
sion,’’ in subsection (o).
SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT
AMENDMENTS.
The Railroad Unemployment Insurance Act is amend-
ed—
(1) by striking ‘‘Interstate Commerce Commis-
sion is hereby authorized and directed upon request of
the Board’’ in section 1(a) (45 U.S.C. 351(a)) and in-
serting in lieu thereof ‘‘Transportation Adjudication
Panel is hereby authorized and directed upon request
of the Railroad Retirement Board’’;
(2) by amending paragraph (b) of such section
1 to read as follows:
‘‘(b) The term ‘carrier’ means a railroad subject to the
jurisdiction of the Transportation Adjudication Panel
under part A of subtitle IV of title 49, United States Code.’’;
and
(3) by striking ‘‘Interstate Commerce Commis-
sion, adjusted, as determined by the Board’’ in section
2(h)(3) (45 U.S.C. 352(h)(3)) and inserting in lieu
286
thereof ‘‘Transportation Adjudication Panel, adjusted,
as determined by the Railroad Retirement Board’’.
SEC. 325. EMERGENCY RAIL SERVICES ACT OF 1970 AMEND-
MENTS.
The Emergency Rail Services Act of 1970 is amend-
ed—
(1) by amending paragraph (2) of section 2 (45
U.S.C. 661(2)) to read as follows:
‘‘(2) ‘Panel’ means the Transportation Adjudication
Panel.’’;
(2) by striking ‘‘Interstate Commerce Commis-
sion’’ in section 6(a) (45 U.S.C. 665(a)) and insert-
ing in lieu thereof ‘‘Panel’’; and
(3) by striking ‘‘Commission’’ each place it ap-
pears and inserting in lieu thereof ‘‘Panel’’.
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 ‘‘Interstate Commerce Commis-
sion’’ each place it appears and inserting in lieu
thereof ‘‘Transportation Adjudication Panel’’; and
(2) by striking ‘‘Commission’’ in subsection (b)
and inserting in lieu thereof ‘‘Panel’’.
287
SEC. 327. REGIONAL RAIL REORGANIZATION ACT OF 1973
AMENDMENTS.
The Regional Rail Reorganization Act of 1973 is
amended—
(1) in section 304(d)(3) (45 U.S.C. 744(d)(3))—
(A) by striking ‘‘this title,’’ and all that fol-
lows through ‘‘(A) shall take’’ and inserting in
lieu thereof ‘‘this title, the Commission shall
take’’; and
(B) by striking ‘‘this subsection; and’’ and
all that follows through ‘‘205(d)(6) of this Act’’
and inserting in lieu thereof ‘‘this subsection’’;
and
(2) in section 707 (45 U.S.C. 797f)—
(A) by inserting ‘‘(a)’’ at the beginning of
the text; and
(B) by adding at the end the following new
subsections:
‘‘(b) Notwithstanding any other provision of this Act
or any agreement or arrangement in effect as of the date
of the enactment of this subsection, the Corporation may
not sell or transfer ownership or management, in whole or
in part, of any facility acquired by the Corporation under
this Act that is used for the repair, rehabilitation, or main-
tenance of cars or locomotives, without first obtaining the
expess consent of the authorized representatives of the em-
288
ployees at such facility covered by collective bargaining
agreements. Any transaction undertaken in violation of this
subsection or subsection (c) shall be considered in violation
of section 6 of the Railway Labor Act, and shall be action-
able as such.
‘‘(c) Notwithstanding any other provision of this Act
or any agreement or arrangement in effect as of the date
of the enactment of this subsection, any transfer by the Cor-
poration of ownership, in whole or in part, other than for
scrappage, of a car or locomotive that was repaired, reha-
bilitated, or maintained, before the date of the enactment
of this subsection, at a facility acquired by the Corporation
under this Act, without first obtaining the express consent
of the authorized representatives of the employees at the
Corporation’s principal maintenance facility covered by
collective bargaining agreements, is prohibited.’’.
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 EM-
PLOYEE ASSISTANCE ACT AMENDMENTS.
The Rock Island Railroad Transition and Employee
Assistance Act is amended—
289
(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 repealing section 120 (45 U.S.C. 1015).
SEC. 330. RAILROAD REVITALIZATION AND REGULATORY
REFORM ACT OF 1976 AMENDMENTS.
The Railroad Revitalization and Regulatory Reform
Act of 1976 is amended—
(1) in section 505(a)(3) (45 U.S.C. 825(a)(3))—
(A) by striking ‘‘A financially responsible
person (as defined in section 10910(a)(1) of title
49, United States Code)’’ and inserting in lieu
thereof ‘‘(A) A financially responsible person’’;
and
(B) by inserting at the end the following
new subparagraph:
‘‘(B) For purposes of this paragraph, the term ‘finan-
cially responsible person’ means a person who (i) is capable
of paying the constitutional minimum value of the railroad
line proposed to be acquired, and (ii) is able to assure that
adequate transportation will be provided over such line for
a period of not less than 3 years. Such term includes a
governmental authority but does not include a class I or
class II rail carrier.’’;
290
(2) in section 509(b) (45 U.S.C. 829(b)) by strik-
ing paragraph (2); and
(3) in section 510 (45 U.S.C. 830) by striking
‘‘the provisions of section 20a of the Interstate Com-
merce Act (49 U.S.C. 20a), nor’’.
SEC. 331. SERVICE CONTRACT ACT OF 1965 AMENDMENT.
Section 7(3) of the Service Contract Act of 1965 (41
U.S.C. 356(3)) is amended by striking ‘‘where published
tariff rates are in effect’’.
SEC. 332. FISCAL YEAR 1982 CONTINUING RESOLUTION
AMENDMENT.
Section 115 of the Joint Resolution entitled ‘‘Joint
Resolution making further continuing appropriations for
the fiscal year 1982, and for other purposes’’ (Public Law
97–92; 95 Stat. 1196) is repealed.
SEC. 333. MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION ACT.
Section 401(b) of the Migrant and Seasonal Agricul-
tural Worker Protection Act (29 U.S.C. 1841(b)) is amend-
ed by—
(1) striking ‘‘part II of the Interstate Commerce
Act (49 U.S.C. 301 et seq.), or any successor provi-
sion of’’ in paragraph (2)(C) and inserting ‘‘part B
of’’; and
291
(2) striking ‘‘part II of the Interstate Commerce
Act (49 U.S.C. 301 et seq.), and any successor provi-
sion of’’ in paragraph (3) and inserting ‘‘part B of’’.
SEC. 334. FEDERAL AVIATION ADMINISTRATION AUTHOR-
IZATION ACT OF 1994.
Section 601(d) of the Federal Aviation Administration
Authorization Act of 1994 (Public Law 103–305) is amend-
ed by striking all after ‘‘subsection (c)’’ and inserting ‘‘shall
not take effect as long as section 11501(g)(2) of title 49,
United States Code, applies to that State.’’.
SEC. 335. TERMINATION OF CERTAIN MARITIME AUTHOR-
ITY.
(a) REPEAL
OF
INTERCOASTAL
SHIPPING
ACT,
1933.—The Act of March 3, 1933 (Chapter 199; 46 App.
U.S.C. 843 et seq.), commonly referred to as the Intercoastal
Shipping Act, 1933, is repealed effective September 30,
1996.
(b) REPEAL
OF
PROVISIONS
OF
SHIPPING
ACT,
1916.—The following provisions of the Shipping Act, 1916,
are repealed effective September 30, 1996:
(1) Section 3 (46 U.S.C. App. 804).
(2) Section 14 (46 U.S.C. App. 812).
(3) Section 15 (46 U.S.C. App. 814).
(4) Section 16 (46 U.S.C. App. 815).
(5) Section 17 (46 U.S.C. App. 816).
292
(6) Section 18 (46 U.S.C. App. 817).
(7) Section 19 (46 U.S.C. App. 818).
(8) Section 20 (46 U.S.C. App. 819).
(9) Section 21 (46 U.S.C. App. 820).
(10) Section 22 (46 U.S.C. App. 821).
(11) Section 23 (46 U.S.C. App. 822).
(12) Section 24 (46 U.S.C. App. 823).
(13) Section 25 (46 U.S.C. App. 824).
(14) Section 27 (46 U.S.C. App. 826).
(15) Section 29 (46 U.S.C. App. 828).
(16) Section 30 (46 U.S.C. App. 829).
(17) Section 31 (46 U.S.C. App. 830).
(18) Section 32 (46 U.S.C. App. 831).
(19) Section 33 (46 U.S.C. App. 832).
(20) Section 35 (46 U.S.C. App. 833a).
(21) Section 43 (46 U.S.C. App. 841a).
(22) Section 45 (46 U.S.C. App. 841c).
SEC. 336. DEPARTMENT OF TRANSPORTATION AND RELAT-
ED 
AGENCIES 
APPROPRIATION 
ACT, 
1982
AMENDMENT.
Section 402 of the Department of Transportation and
Related Agencies Appropriation Act, 1982 (Public Law 97–
102; 95 Stat. 1465) is repealed.
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