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(2) striking subsection (c) and inserting the fol-
lowing:
‘‘(c) A carrier providing transportation subject to the
jurisdiction of the Transportation Board under chapter 105
of this title may not subject a freight forwarder providing
service subject to jurisdiction under part B of this subtitle
to unreasonable discrimination whether or not the freight
forwarder is controlled by that carrier.’’;
(3) striking ‘‘subchapter I of ’’ in subsection (e);
(4) striking subsection (f)(1) and inserting the
following: ‘‘(1) contracts under section 10713 of this
title;’’;
(5) striking paragraphs (2), (3), and (5) of sub-
section (f) and redesignating paragraph (4) as para-
graph (2); and
(6) striking ‘‘paragraphs (2), (3), and (4)’’ in
subsection (f) and inserting ‘‘paragraph (2)’’.
SEC. 322. FACILITIES FOR INTERCHANGE OF TRAFFIC.
Section 10742 is amended by—
(1) striking ‘‘subchapter I or III of ’’ and ‘‘pas-
sengers and’’; and
(2) striking ‘‘either of those subchapters.’’ and
inserting ‘‘Part A or B of this subtitle.’’.
SEC. 323. LIABILITY FOR PAYMENT OF RATES.
Section 10744 is amended by—
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(1) striking ‘‘, motor, or water common’’ in the
first sentence of subsection (a)(1);
(2) striking ‘‘or express’’ in the first sentence of
subsection (b);
(3) striking ‘‘subtitle’’ in the first sentence of
subsections (a)(1) and (b) and inserting ‘‘part’’;
(4) striking paragraph (2) of subsection (c) and
renumbering paragraph (3) as paragraph (2); and
(5) striking ‘‘or express’’ in subsection (c)(2), as
redesignated.
SEC. 324. CONTINUOUS CARRIAGE OF FREIGHT.
Section 10745 is amended by striking ‘‘subchapter I
of ’’.
SEC. 325. TRANSPORTATION SERVICES OR FACILITIES FUR-
NISHED BY SHIPPER.
Section 10747 is amended by—
(1) striking the first and second sentences and
inserting the following: ‘‘A carrier providing trans-
portation or service subject to the jurisdiction of the
Intermodal Surface Transportation Board under
chapter 105 of this title may establish a charge or al-
lowance for transportation or service for property
when the owner of the property, directly or indirectly,
furnishes a service related to or an instrumentality
used in the transportation or service. The Transpor-
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tation Board may prescribe the maximum reasonable
charge or allowance paid for such service or instru-
mentality furnished.’’; and
(2) striking ‘‘on its own initiative or’’ in the last
sentence.
SEC. 326. DEMURRAGE CHARGES.
Section 10750 is amended by striking ‘‘subchapter I
of ’’.
SEC. 327. TRANSPORTATION PROHIBITED WITHOUT TARIFF.
Section 10761 is amended to read as follows:
‘‘§ 10761. Transportation of agricultural products pro-
hibited without tariff
‘‘Except when providing transportation by contract as
provided in this subtitle, a carrier providing transportation
of agricultural products, including grain as defined in sec-
tion 3 of the United States Grain Standards Act (7 U.S.C.
75) and products thereof, and fertilizer and components
thereof, subject to the jurisdiction of the Intermodal Surface
Transportation Board under chapter 105 of this title shall
provide that transportation only if the rate for the trans-
portation is contained in a tariff that is in effect under
this subchapter. A carrier subject to this subsection may not
charge or receive a different compensation for that transpor-
tation than the rate specified in the tariff whether by re-
turning a part of that rate to a person, giving a person
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a privilege, allowing the use of a facility that affects the
value of that transportation, or another device.’’.
SEC. 328. GENERAL ELIMINATION OF TARIFF FILING RE-
QUIREMENTS.
Section 10762 is amended to read as follows:
‘‘§ 10762. General elimination of tariff filing require-
ments
‘‘(a) Except as provided in section 10713 of this title,
a carrier providing transportation of agricultural products
including grain as defined in section 3 of the United States
Grain Standards Act (7 U.S.C. 75) and products thereof,
and fertilizer and components thereof, subject to the juris-
diction of the Intermodal Surface Transportation Board
under chapter 105 of this title shall publish, keep open and
retain for public inspection, and immediately furnish to an
entity requesting the same, tariffs containing its rates for
the transportation of such commodities and its classifica-
tions, rules, and practices related to such rates. Tariffs are
not required for any other commodity.
‘‘(b)(1) Within 180 days after the enactment of the
Interstate Commerce Commission Sunset Act of 1995, the
Intermodal Surface Transportation Board shall prescribe
the form and manner of publishing, keeping open, furnish-
ing to the public, and retaining for public inspection tariffs
under this section. The Transportation Board may pre-
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scribe specific charges to be identified in a tariff required
under this section to be published, kept open, furnished to
the public, or retained for public inspection, but those tar-
iffs must identify plainly—
‘‘(A) the places between which property will be
transported;
‘‘(B) privileges given and facilities allowed; and
‘‘(C) any rules that change, affect, or determine
any part of the published rate.
‘‘(2) A joint tariff published by a carrier under this
section shall identify the carriers that are parties to it.
‘‘(c)(1) When a carrier proposes to change a rate for
transportation subject to this section, or a classification,
rule, or practice related to such rate, the carrier shall pub-
lish, transmit, and keep open for public inspection a notice
of the proposed change as required under subsections (a)
and (b) of this section.
‘‘(2) A notice published under this subsection shall
plainly identify the proposed change or new or reduced rate
and indicate its proposed effective date. A proposed rate
change resulting in an increased rate or a new rate shall
not become effective for 20 days after the notice is published
and a proposed rate change resulting in a reduced rate shall
not become effective for 1 day after the notice is published,
except that a contract authorized under section 10713 of
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this title shall become effective in accordance with the provi-
sions of such section.
‘‘(d) The Transportation Board may reduce the notice
period of subsection (c) of this section if cause exists. The
Transportation Board may change the other requirements
of this section if cause exists in particular instances or as
they apply to special circumstances.
‘‘(e) Acting in response to a complaint or on its own
motion, the Transportation Board may reject a tariff pub-
lished under this section if that tariff violates this section
or a regulation of the Transportation Board carrying out
this section.’’.
SEC. 329. DESIGNATION OF CERTAIN ROUTES.
Section 10763 is amended by striking ‘‘subchapter I
of ’’ in subsection (a)(1).
SEC. 330. AUTHORIZING CONSTRUCTION AND OPERATION
OF RAILROAD LINES.
Section 10901 is amended by—
(1) striking ‘‘subchapter I of ’’ in subsection (a);
and
(2) adding at the end the following new sub-
section:
‘‘(f) SPECIAL
RULE
FOR
NON-CLASS
I TRANS-
ACTIONS.—For all transactions involving Class II freight
rail carriers, Class III freight rail carriers and non-car-
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riers, that are not owned or controlled by a Class I rail
carrier and that are not a commuter, switching or terminal
railroad, which propose to acquire, construct, operate, or
provide transportation over a railroad line pursuant to this
section, the Transportation Board may, consistent with the
public interest, require an arrangement for the protection
of the interest of railroad employees who are adversely af-
fected by the transaction not to exceed one year’s salary per
adversely affected employee and protection no less than re-
quired by sections 2 through 5 of the Worker Adjustment
and Retraining Act, unless the adversely affected employees
or their representatives and the parties to the transaction
agree otherwise.’’.
SEC. 331. AUTHORIZING ACTION TO PROVIDE FACILITIES.
Section 10902 is amended by striking ‘‘subchapter I
of ’’ in the first sentence.
SEC. 332. AUTHORIZING ABANDONMENT AND DISCONTINU-
ANCE.
Section 10903 is amended by striking ‘‘subchapter I
of ’’ in subsection (a).
SEC. 333. FILING AND PROCEDURE FOR APPLICATIONS TO
ABANDON OR DISCONTINUE.
Section 10904 is amended by—
(1) striking ‘‘subchapter I of ’’ in subsection
(a)(2);
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(2) striking subsection (d)(2);
(3) striking ‘‘(1)’’ in subsection (d); and
(4) striking ‘‘the application was approved by
the Secretary of Transportation as part of a plan or
proposal under section 333(a)–(d) of this title, or’’ in
subsection (e)(3).
SEC. 334. EXCEPTIONS.
Section 10907 is amended by striking ‘‘subchapter I
of ’’ in subsection (a).
SEC. 335. RAILROAD DEVELOPMENT.
Section 10910 is amended by—
(1) striking paragraph (2) of subsection (a) and
inserting the following:
‘‘(2) ‘railroad line’ means any line of railroad.’’;
(2) striking ‘‘the effective date of the Staggers
Rail Act of 1980’’ in subsection (g)(2), and inserting
‘‘October 1, 1980,’’; and
(3) striking subsection (k) and inserting the fol-
lowing:
‘‘(k) The Transportation Board shall maintain such
regulations and procedures as may be necessary to carry
out the provisions of this section.’’.
SEC. 336. PROVIDING TRANSPORTATION, SERVICE, AND
RATES.
Section 11101 is amended to read as follows:
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‘‘§ 11101. Providing transportation, service, and rates
‘‘(a) A carrier providing transportation or service sub-
ject to the jurisdiction of the Intermodal Surface Transpor-
tation Board under chapter 105 of this title shall provide
the transportation or service on reasonable request.
‘‘(b) Notwithstanding any other provision of this title,
a rail carrier providing transportation service subject to the
jurisdiction of the Transportation Board under chapter 105
of this title shall provide, on reasonable written request,
common carrier rates and other common carrier service
terms of the type requested for specified services between
specified points. The response by a rail carrier to a request
for such rates or other service terms shall be in writing,
or shall be available electronically, and forwarded to the
requesting person no later than 30 days after receipt of the
request. A rail carrier shall not refuse to respond to a rea-
sonable request under this subsection on grounds that the
movement at issue is subject at the time a request is made
to a contract entered into under section 10713 of this title.
‘‘(c) Common carrier rates and service terms provided
pursuant to subsection (b) of this section shall be subject
to the provisions of this title.
‘‘(d) A rail carrier may not increase any common car-
rier rates, or change any common carrier service terms, pro-
vided pursuant to subsection (b) unless at least 20 days’
written or electronic notice is first provided to the person
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that, within the previous 12 months, made a written or elec-
tronic request for the issue rate or service. Any such in-
creases or changes shall be subject to provisions of this sub-
title.’’.
SEC. 337. USE OF TERMINAL FACILITIES.
Section 11103 is amended by striking ‘‘subchapter I
of ’’ in subsection (a).
SEC. 338. SWITCH CONNECTIONS AND TRACKS.
Section 11104 is amended by striking ‘‘subchapter I
of ’’ in subsection (a).
SEC. 339. CRITERIA.
Section 11121 is amended by—
(1) striking ‘‘subchapter I of ’’ in subsection
(a)(1);
(2) striking subsection (a)(2) and inserting the
following:
‘‘(2) The Transportation Board may require a
rail carrier to file its car service rules with the Trans-
portation Board.’’;
(3) striking ‘‘, 11127,’’ in subsection (b); and
(4) adding at the end the following:
‘‘(c) The Transportation Board shall consult, as it
deems necessary, with the National Grain Car Council on
matters within the charter of that body.’’.
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SEC. 340. REROUTING TRAFFIC ON FAILURE OF RAIL CAR-
RIER TO SERVE PUBLIC.
Section 11124 is amended by striking ‘‘subchapter I
of ’’ in subsection (a).
SEC. 341. DIRECTED RAIL TRANSPORTATION.
Section 11125 is amended by striking ‘‘subchapter I
of ’’ in subsection (a).
SEC. 342. WAR EMERGENCIES; EMBARGOES.
Section 11128 is amended by—
(1) 
striking 
‘‘sections 
11123(a)(4) 
and
11127(a)(1)(C)’’ and inserting ‘‘section 11123(a)’’ in sub-
section (a)(1); and
(2) striking ‘‘subchapter I of ’’ in subsection (a)(2).
SEC. 343. DEFINITIONS FOR SUBCHAPTER III.
Section 11141 is amended to read as follows:
‘‘§ 11141. Definitions
‘‘In this subchapter—
‘‘(1) ‘carrier’ and ‘lessor’ include a receiver or
trustee of a carrier and lessor respectively.
‘‘(2) ‘lessor’ means a person owning a railroad
or a pipeline that is leased to and operated by a car-
rier providing transportation subject to the jurisdic-
tion of the Intermodal Surface Transportation Board
under chapter 105 of this title.
‘‘(3) ‘association’ means an organization main-
tained by or in the interest of a group of carriers pro-
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‘‘(d) EXPENSES.—The members of the Council shall re-
ceive no compensation for their services as such, but upon
request by the Council Chairman, based on a showing of
significant economic burden, the Secretary of Transpor-
tation or the Chairman may provide reasonable and nec-
essary travel expenses for such individual Council members
from Department or Transportation Board funding sources
in order to foster balanced representation on the Council.
Upon request by the Council Chairman, the Secretary or
Chairman may but is not required to pay the reasonable
and necessary expenses incurred by the Council in connec-
tion with the coordination of Council activities, announce-
ment and reporting of meetings, and preparation of such
Council documents as are required or permitted by this Act.
However, prior to making any funding requests the Council
Chairman shall undertake best efforts to fund such activities
privately unless he or she reasonably feels such private
funding would create irreconcilable conflicts or the appear-
ance thereof, or is otherwise impractical. The Council
Chairman shall not request funding from any federal agen-
cy unless he or she provides written justification as to why
private funding would create such conflict or appearance,
or is otherwise impractical. To enable the Council to carry
out its functions—