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‘‘SUBCHAPTER I—ESTABLISHMENT
‘‘§ 10301. Establishment of Transportation Board
‘‘(a) ESTABLISHMENT.—There is hereby established
within the Department of Transportation the Intermodal
Surface Transportation Board.
‘‘(b) MEMBERSHIP.—(1) Members of the Transpor-
tation Board shall be appointed by the President, by and
with the advice and consent of the Senate. The Transpor-
tation Board shall consist of 3 members until January 1,
1997, not more than 2 of whom shall be members of the
same political party. Beginning on January 1, 1997, the
Transportation Board shall consist of 5 members, no more
than 3 of whom shall be members of the same political
party.
‘‘(2) At any given time, at least 2 members of the
Transportation Board shall be individuals with profes-
sional standing and demonstrated knowledge in the fields
of rail or motor transportation or transportation regulation
or agriculture, and at least 1 member shall be an individual
with professional or business experience in the private sec-
tor. Effective January 1, 1997, at least 2 members shall
be individuals with professional standing and demonstrated
knowledge in the fields of maritime transportation or its
regulation.
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‘‘(3) The term of each member of the Transportation
Board shall be 5 years and shall begin when the term of
the predecessor of that member ends. An individual ap-
pointed to fill a vacancy 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 1 year. The Presi-
dent may remove a member for neglect of duty or malfea-
sance in office.
‘‘(4)(A) On the effective date of this section, the mem-
bers of the Interstate Commerce Commission shall become
members of the Transportation Board, to serve for a period
of time equal to the remainder of the term for which they
were originally appointed to the Interstate Commerce Com-
mission.
‘‘(B) Effective January 1, 1997, two Federal Maritime
Commission commissioners shall become members of the
Board to serve terms expiring December 31, 1997, and De-
cember 31, 2000. The two members shall be selected in order
of the expiration date of their Commission term, beginning
with the term having the latest expiration date; provided,
however, that the two members added under this subsection
may not be from the same political party. The longer Board
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term shall be filled by the member having the later Federal
Maritime Commission term expiration date. Effective Jan-
uary 1, 1997, the rights of any Federal Maritime Commis-
sion commissioner other than those designated under this
paragraph to remain in office is terminated.
‘‘(5) No individual may serve as a member of the
Transportation Board for more than 2 terms. In the case
of an individual appointed to fill a vacancy occurring be-
fore the expiration of the term for which the predecessor of
that individual was appointed, such individual may not
be appointed for more than 1 additional term.
‘‘(6) A member of the Transportation Board may not
have a pecuniary interest in, hold an official relation to,
or own stock in or bonds of, a carrier providing transpor-
tation by any mode and may not engage in another busi-
ness, vocation, or employment.
‘‘(7) A vacancy in the membership of the Transpor-
tation Board does not impair the right of the remaining
members to exercise all of the powers of the Transportation
Board. The Transportation Board may designate a member
to act as Chairman during any period in which there is
no Chairman designated by the President.
‘‘(c) CHAIRMAN.—(1) There shall be at the head of the
Transportation Board a Chairman, who shall be designated
by the President from among the members of the Transpor-
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tation Board. The Transportation Board shall be adminis-
tered under the supervision and direction of the Chairman.
The Chairman shall receive compensation at the rate pre-
scribed 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 Transportation Board the Chair-
man shall be responsible for administering the Transpor-
tation Board. The Chairman may delegate the powers
granted under this paragraph to an officer, employee, or
office of the Transportation Board. The Chairman 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
Transportation Board, including attorneys to provide
legal aid and service to the Transportation Board
and its members, and to represent the Transportation
Board in any case in court;
‘‘(B) appoint the heads of major offices with the
approval of the Transportation Board;
‘‘(C) distribute Transportation Board business
among officers and employees and offices of the
Transportation Board;
‘‘(D) prepare requests for appropriations for the
Transportation Board and submit those requests to
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the President and Congress with the prior approval
of the Transportation Board; and
‘‘(E) supervise the expenditure of funds allocated
by the Transportation Board for major programs and
purposes.
‘‘§ 10302. Functions
‘‘(a) INTERSTATE COMMERCE COMMISSION FUNC-
TIONS.—Except as otherwise provided in the Interstate
Commerce Commission Sunset Act of 1995, or the amend-
ments made thereby, the Transportation Board shall per-
form all functions that, immediately before the effective date
of such Act, were functions of the Interstate Commerce Com-
mission or were performed by any officer or employee of
the Interstate Commerce Commission in the capacity as
such officer or employee.
‘‘(b) FEDERAL MARITIME COMMISSION FUNCTIONS.—
On January 1, 1997, the Transportation Board shall per-
form all functions that, on that date, were functions of the
Federal Maritime Commission or were performed by any
officer or employee of the Federal Maritime Commission in
the capacity as such officer or employee.
‘‘§ 10303. Administrative provisions
‘‘(a) EXECUTIVE REORGANIZATION.—For purposes of
chapter 9 of title 5, United States Code, the Transportation
Board shall be deemed to be an independent regulatory
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agency and an establishment of the United States Govern-
ment.
‘‘(b) OPEN MEETINGS.—For purposes of section 552b
of title 5, United States Code, the Transportation Board
shall be deemed to be an agency.
‘‘(c) INDEPENDENCE.—In the performance of their
functions, the members, employees, and other personnel of
the Transportation Board shall not be responsible to or sub-
ject to the supervision or direction of any officer, employee,
or agent of any other part of the Department of Transpor-
tation.
‘‘(d) REPRESENTATION
BY ATTORNEYS.—Attorneys
designated by the Chairman of the Transportation Board
may appear for, and represent the Transportation Board
in, any civil action brought in connection with any func-
tion carried out by the Transportation Board pursuant to
this subtitle or as otherwise authorized by law.
‘‘(e) ADMISSION TO PRACTICE.—Subject to section 500
of title 5, the Transportation Board may regulate the ad-
mission of individuals to practice before it and may impose
a reasonable admission 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
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support of the Transportation Board and include a state-
ment by the Transportation Board—
‘‘(1) showing the amount requested by the Trans-
portation Board in its budgetary presentation to the
Secretary and the Office of Management and Budget;
and
‘‘(2) an assessment of the budgetary needs of the
Transportation Board.
‘‘(g) DIRECT
TRANSMITTAL
TO
CONGRESS.—The
Transportation Board shall transmit to Congress copies of
budget estimates, requests, and information (including per-
sonnel needs), legislative recommendations, prepared testi-
mony for congressional hearings, and comments on legisla-
tion at the same time they are sent to the Secretary of
Transportation. An officer of an agency may not impose
conditions on or impair communications by the Transpor-
tation Board with Congress, or a committee or member of
Congress, about the information.
‘‘§ 10304. Annual report
‘‘The Transportation Board shall annually transmit
to the Congress a report on its activities.’’.
(b) CONFORMING AMENDMENT.—The items relating to
subchapter I of chapter 103 in the table of sections of such
chapter are amended to read as follows:
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‘‘SUBCHAPTER I—ESTABLISHMENT
‘‘Sec.
‘‘10301. Establishment of Transportation Board.
‘‘10302. Functions.
‘‘10303. Administrative provisions.
‘‘10304. Annual report.’’.
SEC. 202. ADMINISTRATIVE SUPPORT.
The Secretary of Transportation shall provide admin-
istrative support for the Transportation Board.
SEC. 203. REORGANIZATION.
The Chairman of the Transportation Board may allo-
cate or reallocate any function of the Transportation Board,
consistent with this title and subchapter I of chapter 103,
as amended by section 201 of this title, among the members
or employees of the Transportation Board, and may estab-
lish, consolidate, alter, or discontinue in the Transportation
Board any organizational entities that were entities of the
Interstate Commerce Commission or the Federal Maritime
Commission, as the Chairman considers necessary or ap-
propriate.
SEC. 204. TRANSITION PLAN FOR FEDERAL MARITIME COM-
MISSION FUNCTIONS.
The Chairman of the Intermodal Surface Transpor-
tation Board and the Chairman of the Federal Maritime
Commission shall meet within 90 days of enactment of this
Act to develop a plan for the orderly transition of the func-
tions of the Federal Maritime Commission to the Transpor-
tation Board, including appropriate funding levels for the
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operations associated with the functions of the Federal Mar-
itime Commission transferred to the Transportation Board,
and shall submit such a plan to the Director of the Office
of Management and Budget and to the Senate Committee
on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infra-
structure not later than 6 months after the enactment of
this Act.
Subtitle B—Administrative
SEC. 211. POWERS.
Section 10321 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (a) and inserting in lieu thereof
‘‘Transportation Board’’;
(2) striking subsection (b) and inserting the fol-
lowing:
‘‘(b) The Transportation Board may obtain from car-
riers providing transportation and service subject to this
part, and from persons controlling, controlled by, or under
common control with those carriers to the extent that the
business of that person is related to the management of the
business of those carriers, information the Transportation
Board decides is necessary to carry out this part.’’;
(3) in subsection (c)(1), by striking ‘‘Commis-
sion, an individual Commissioner, an employee
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board, and an employee delegated to act under section
10305 of this title’’ and inserting in lieu thereof
‘‘Transportation Board’’;
(4) by striking paragraph (2) of subsection (c);
(5) by redesignating paragraph (3) of subsection
(c) as paragraph (2); and
(6) by striking ‘‘Commission’’ each place it ap-
pears and inserting in lieu thereof ‘‘Transportation
Board’’.
SEC. 212. COMMISSION ACTION.
(a) AMENDMENTS.—Section 10324 is amended—
(1) in the section heading, by striking ‘‘Com-
mission’’ and inserting in lieu thereof ‘‘Trans-
portation Board’’;
(2) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (a) and inserting in lieu thereof
‘‘Transportation Board’’;
(3) by striking ‘‘Commission’’ each place it ap-
pears in subsection (b) and inserting in lieu thereof
‘‘Transportation Board’’;
(4) by striking subsection (c); and
(5) by adding at the end the following new sub-
sections:
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‘‘(c) The Transportation Board 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 Transportation Board; or
‘‘(3) change an action of the Transportation
Board.
An interested party may petition to reopen and reconsider
an action of the Transportation Board under this sub-
section under regulations of the Transportation Board.
‘‘(d) Notwithstanding this subtitle, an action of the
Transportation Board 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.’’.
(b) CONFORMING AMENDMENT.—The item relating to
section 10324 in the table of sections of chapter 103 is
amended by striking ‘‘Commission’’ and inserting in lieu
thereof ‘‘Transportation Board’’.
SEC. 213. SERVICE OF NOTICE IN COMMISSION PROCEED-
INGS.
(a) AMENDMENTS.—Section 10329 is amended—
(1) by striking ‘‘Commission’’ in the section
heading;
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(2) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (a) and inserting in lieu thereof
‘‘Transportation Board’’;
(3) striking ‘‘(1)’’ in subsection (a) and by strik-
ing paragraph (2) of subsection (a);
(4) striking ‘‘subchapter I of’’ in subsection (a);
(5) striking the second sentence in subsection (b);
(6) striking ‘‘(1) in subsection (c) and by strik-
ing paragraphs (2) and (3);
(7) striking ‘‘notices of the Commission shall be
served as follows: (1) A’’ in subsection (c) and insert-
ing ‘‘a’’;
(8) by striking ‘‘, express, sleeping car,’’ in sub-
section (c)(1);
(9) by striking ‘‘Secretary of the’’ in subsection
(c);
(10) in subsection (d)—
(A) by striking ‘‘, express, sleeping car,’’;
and
(B) by striking ‘‘who filed the tariff’’;
(11) by striking subsection (e); and
(12) by striking ‘‘Commission’’ each place it ap-
pears and inserting in lieu thereof ‘‘Transportation
Board’’.
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(b) CONFORMING AMENDMENT.—The item relating to
section 10329 in the table of sections of chapter 103 is
amended by striking ‘‘Commission’’.
SEC. 214. SERVICE OF PROCESS IN COURT PROCEEDINGS.
Section 10330 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (a) and inserting in lieu thereof
‘‘Transportation Board’’;
(2) by striking ‘‘subchapter I of’’ in the first sen-
tence of subsection (a);
(3) by striking ‘‘Secretary of the Commission’’ in
subsection (a) and inserting in lieu thereof ‘‘Trans-
portation Board’’;
(4) by striking subsection (b); and
(5) by redesignating subsection (c) as subsection
(b).
SEC. 
215. 
STUDY 
ON 
THE 
AUTHORITY 
TO 
COLLECT
CHARGES.
In addition to other user fees that the Transportation
Board may impose, the Transportation Board shall com-
plete, within 6 months after the date of enactment of this
Act, a study on the authority necessary to assess and collect
fees and annual charges in any fiscal year in amounts
equal to all of the costs incurred by the Transportation
Board in that fiscal year.
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SEC. 216. FEDERAL HIGHWAY ADMINISTRATION RULE-
MAKING.
(a) ADVANCE NOTICE.—The Federal Highway Admin-
istration shall issue an advance notice of proposed rule-
making dealing with a variety of fatigue-related issues (in-
cluding 8 hours of continuous sleep after 10 hours of driv-
ing, loading and unloading operations, automated and
tamper-proof recording devices, rest and recovery cycles, fa-
tigue and stress in longer combination vehicles, fitness for
duty, and other appropriate regulatory and enforcement
countermeasures for reducing fatigue-related incidents and
increasing driver alertness) not later than March 1, 1996.
(b) RULEMAKING.—The Federal Highway Administra-
tion shall issue a notice of proposed rulemaking dealing
with such issues within one year after the advance notice
described in subsection (a) is published, and shall issue a
final rule dealing with those issues within 2 years after that
date.
SEC. 217. TRANSPORT VEHICLES FOR OFF-ROAD, COMPETI-
TION VEHICLES.
Section 31111(b)(1) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C);
(2) by striking the period at the end of subpara-
graph (D) and inserting a semicolon and ‘‘or’’; and
(3) by adding at the end thereof the following:
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‘‘(E) imposes a limitation of less than 46 feet on
the distance from the kingpin to the center of the rear
axle on trailers used exclusively or primarily in con-
nection with motorsports competition events.’’.
SEC. 218. DESTRUCTION OF MOTOR VEHICLES OR MOTOR
VEHICLE FACILITIES; WRECKING TRAINS.
(a) DESTRUCTION OF MOTOR VEHICLES OR MOTOR
VEHICLE FACILITIES.—Section 33 of title 18, United States
Code, is amended by adding at the end the following new
undesignated paragraph:
‘‘Whoever is convicted of a crime under this section
involving a motor vehicle that, at the time the crime oc-
curred, carried high-level radioactive waste (as that term
is defined in section 2(12) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(12)), or spent nuclear fuel (as
that term is defined in section 2(23) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(23)), shall be impris-
oned for not less than 30 years.’’.
(b) WRECKING TRAINS.—Section 1992 of title 18,
United States Code, is amended—
(1) by inserting after the fourth undesignated
paragraph the following:
‘‘Whoever is convicted of any such crime that involved
a train that, at the time the crime occurred, carried high-
level radioactive waste (as that term is defined in section
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2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12)), or spent nuclear fuel (as that term is defined
in section 2(23) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(23)), shall be imprisoned for not less than
30 years.’’.
TITLE III—RAIL AND PIPELINE
TRANSPORTATION
SEC. 301. GENERAL CHANGES IN REFERENCES TO COMMIS-
SION, ETC.
Subtitle IV is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ each place it appears (including chapter and
section headings) and inserting ‘‘Intermodal Surface
Transportation Board’’;
(2) by striking ‘‘Commission’’ each place it ap-
pears in reference to the Interstate Commerce Com-
mission (including chapter and section headings) and
inserting ‘‘Transportation Board’’;
(3) by striking ‘‘Commissioner’’ each place it ap-
pears in reference to a member of the Interstate Com-
merce Commission (including chapter and section
headings) and inserting ‘‘Transportation Board mem-
ber’’;
(4) by striking ‘‘Commissioners’’ each place it
appears in reference to members of the Interstate
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Commerce Commission (including chapter and section
headings) and inserting ‘‘Transportation Board mem-
bers’’;
(5) by striking ‘‘this subtitle’’ each place it ap-
pears and inserting ‘‘this part’’;
(6) by inserting ‘‘PART A—RAIL AND PIPELINE
CARRIERS’’ after ‘‘SUBTITLE IV—INTERSTATE
COMMERCE’’;
(7) by inserting before section 10101 the follow-
ing:
‘‘PART B—MOTOR CARRIERS, WATER CARRIERS, BRO-
KERS, AND FREIGHT FORWARDERS
‘‘Chapter
‘‘SEC.
‘‘131. General provisions .........................................................
13101
‘‘133. Administrative provisions .............................................
13301
‘‘135. Jurisdiction ....................................................................
13501
‘‘137. Rates ...............................................................................
13701
‘‘139. Registration ....................................................................
13901
‘‘141. Operations of carriers ...................................................
14101
‘‘143. Finance ...........................................................................
14301
‘‘145. Federal-State relations ..................................................
14501
‘‘147. Enforcement; investigations; rights; remedies .............
14701
‘‘149. Civil and criminal penalties ........................................
14901
‘‘PART A—RAIL AND PIPELINE CARRIERS’’.
SEC. 302. RAIL TRANSPORTATION POLICY.
Section 10101a is amended by—
(1) striking ‘‘and’’ after the semicolon in para-
graph (14);
(2) striking the period at the end of paragraph
(15) and inserting a semicolon and ‘‘and’’; and
(3) adding at the end the following:
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‘‘(16) to provide for the expeditious handling
and resolution of all proceedings required or per-
mitted to be brought under the provisions of this sub-
title.’’.
SEC. 303. DEFINITIONS.
Section 10102 is amended by—
(1) striking paragraphs (1), (2), (5), (6) (8)
through (18), (19), (25), (27), and (30) through (33);
(2) redesignating the remaining paragraphs as
paragraphs (1) through (11), respectively;
(3) striking paragraph (2) (as redesignated) and
inserting:
‘‘(2) ‘common carrier’ means a pipeline carrier
and a rail carrier;’’;
(4) inserting ‘‘common carrier’’ after ‘‘railroad’’
in paragraph (6) (as redesignated);
(5) striking ‘‘, fare,’’ in paragraph (8) (as redes-
ignated);
(6) striking ‘‘of passengers or property, or both,’’
in paragraph (10)(A) (as redesignated) and inserting
‘‘of property,’’; and
(7) striking ‘‘passengers and’’ in paragraph
(10)(B) (as redesignated).
SEC. 304. GENERAL JURISDICTION.
Section 10501 is amended by—
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(3) striking paragraph (2) of subsection (b) and
striking ‘‘(1)’’ in the first paragraph of subsection (b);
(4) striking ‘‘transaction.’’ at the end of the sec-
ond sentence of subsection (c) and inserting ‘‘trans-
action, including the divestiture of parallel tracks or
requiring the granting of trackage rights and access
to other facilities. Any trackage rights and related
conditions imposed to alleviate anticompetitive effects
of the transaction shall provide for operating terms
and compensation levels to ensure that such effects are
alleviated.’’;
(5) striking the fourth sentence of subsection (c);
(6) striking ‘‘When a rail carrier is involved in
the transaction, the’’ in the last sentence of subsection
(c) and inserting ‘‘The’’;
(7) striking the last two sentences of subsection
(d); and
(8) striking subsection (e).
SEC. 354. RAIL CARRIER PROCEDURE FOR CONSOLIDATION,
ETC.
Section 11345 is amended by—
(1) striking ‘‘subchapter I of’’ in the first sen-
tence of subsection (a);
(2) inserting ‘‘, including comments by the Sec-
retary of Transportation and the Attorney General,’’