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viding transportation or service subject to the juris-
diction of the Intermodal Surface Transportation
Board that performs a service, or engages in activi-
ties, related to transportation under this part.’’.
SEC. 344. DEPRECIATION CHARGES.
Section 11143 is amended by—
(1) striking ‘‘subchapter I or III of ’’; and
(2) striking ‘‘and may, for a class of carriers
providing transportation subject to its jurisdiction
under subchapter II of that chapter,’’.
SEC. 345. RECORDS, ETC.
Section 11144 is amended by—
(1) striking ‘‘, brokers,’’ in subsection (a)(1);
(2) striking ‘‘or express’’ and ‘‘subchapter I of ’’
in subsection (a)(2);
(3) striking ‘‘, broker,’’ in subsection (b)(1);
(4) striking ‘‘broker,’’ in subsection (b)(2)(A);
(5) striking ‘‘or express’’ in subsection (b)(2)(C);
(6) redesignating subsection (d) as subsection (c);
and
(7) striking ‘‘brokers,’’ in subsection (c), as redes-
ignated.
SEC. 346. REPORTS BY CARRIERS, LESSORS, AND ASSOCIA-
TIONS.
Section 11145 is amended by—
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(1) striking ‘‘brokers,’’ in subsection (a)(1);
(2) striking ‘‘or express,’’ in subsection (a)(2);
(3) striking ‘‘broker,’’ in the first sentence of sub-
section (b)(1);
(4) striking the second sentence of subsection
(b)(1); and
(5) striking subsection (c).
SEC. 347. ACCOUNTING AND COST REPORTING.
Section 11166 is amended by—
(1) striking ‘‘subchapter I of’’ in the first sen-
tence of subsection (a);
(2) striking the third sentence of subsection (a);
and
(3) striking ‘‘the cost accounting principles es-
tablished by the Transportation Board or under gen-
erally accepted accounting principles or the require-
ments of the Securities and Exchange Commission’’
in subsection (b) and inserting ‘‘the appropriate cost
accounting principles’’.
SEC. 348. SECURITIES, OBLIGATIONS, AND LIABILITIES.
Section 11301(a)(1) is amended by—
(1) striking ‘‘or sleeping car’’; and
(2) striking ‘‘subchapter I of’’.
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SEC. 349. EQUIPMENT TRUSTS.
Section 11303 is amended by adding at the end thereof
the following:
‘‘(c) The Transportation Board shall collect, maintain
and keep open for public inspection a railway equipment
register consistent with the manner and format maintained
at the time of enactment of the Interstate Commerce Com-
mission Sunset Act of 1995.
‘‘(d) A mortgage, lease, equipment trust agreement,
conditional sales agreement, or other instrument evidencing
the mortgage, lease, conditional sale, or bailment of or secu-
rity interest in railroad cars, locomotives, or other rolling
stock, or accessories used on such railroad cars, locomotives,
or other rolling stock (including superstructures and racks),
or any assignment thereof, which—
‘‘(1) is duly constituted under the laws of a
country other than the United States; and
‘‘(2) relates to property that bears the reporting
marks and identification numbers of any person dom-
iciled in or corporation organized under the laws of
such country,
shall be recognized with the same effect as having been filed
under this section.
‘‘(e) Interests with respect to which documents are filed
or recognized under this section are deemed perfected in all
jurisdictions, and shall be governed by applicable State or
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foreign law in all matters not specifically governed by this
section.’’.
SEC. 350. RESTRICTIONS ON OFFICERS AND DIRECTORS.
Section 11322 is amended by—
(1) redesignating subsections (a) and (b) as sub-
sections (b) and (c), respectively;
(2) inserting before subsection (b), as redesig-
nated, the following:
‘‘(a) In this section ‘‘carrier’’ means a rail carrier pro-
viding transportation subject to the jurisdiction of the
Intermodal Surface Transportation Board under chapter
105 of this title (except a street, suburban, or interurban
electric railway not operated as a part of a general railroad
system of transportation), and a corporation organized to
provide transportation by rail carrier subject to that chap-
ter.’’;
(3) striking ‘‘as defined in section 11301(a)(1) of
this title’’ in subsection (b) as redesignated; and
(4) striking ‘‘subsection (a)’’ and inserting ‘‘sub-
section (b)’’ in subsection (c), as redesignated.
SEC. 351. LIMITATION ON POOLING AND DIVISION OF
TRANSPORTATION OR EARNINGS.
Section 11342 is amended by—
(1) striking ‘‘subchapter I, II, or III of’’ in the
first sentence of subsection (a);
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(2) striking ‘‘Except as provided in subsection
(b) for agreements or combinations between or among
motor common carriers of property, the’’ in the sec-
ond sentence of subsection (a) and inserting ‘‘The’’;
and
(3) striking subsections (b) and (d) and redesig-
nating subsections (c) and (e) as subsections (b) and
(c), respectively.
SEC. 352. CONSOLIDATION, MERGER, AND ACQUISITION OF
CONTROL.
Section 11343 is amended by—
(1) inserting ‘‘(except a pipeline carrier)’’ after
‘‘involving carriers’’ in subsection (a);
(2) striking ‘‘subchapter I (except a pipeline car-
rier), II, or III of’’ in subsection (a);
(3) striking paragraph (1) of subsection (d) and
striking ‘‘(2)’’ in paragraph (2); and
(4) striking subsection (e).
SEC. 353. GENERAL PROCEDURE AND CONDITIONS OF AP-
PROVAL FOR CONSOLIDATION, ETC.
Section 11344 is amended by—
(1) striking the third sentence in subsection (a);
(2) striking ‘‘subchapter I of that chapter’’ in the
last sentence of subsection (a) and inserting ‘‘chapter
105’’;
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before ‘‘may be filed’’ in the first sentence of sub-
section (c)(1);
(3) striking the last two sentences of subsection
(c)(1);
(4) inserting ‘‘, including comments by the Sec-
retary of Transportation and the Attorney General,’’
before ‘‘may be filed’’ in the first sentence of sub-
section (d)(1); and
(5) striking the last two sentences of subsection
(d)(1).
SEC. 355. EMPLOYEE PROTECTIVE ARRANGEMENTS.
Section 11347 is amended by striking ‘‘or section
11346’’ in the first sentence.
SEC. 356. AUTHORITY OVER NONCARRIER ACQUIRERS.
Section 11348(a) is amended by striking all after the
colon and inserting ‘‘sections 504(f) and 10764, subchapter
III of chapter 111, and sections 11301, 11901(e), and
11909.’’.
SEC. 
357. 
AUTHORITY 
OVER 
INTRASTATE 
TRANSPOR-
TATION.
Section 11501 is amended by—
(1) striking subsections (a), (e), (g) and (h) and
redesignating subsections (b), (c), (d), and (f) as sub-
sections (a), (b), (c) and (d), respectively;
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(2) striking paragraphs (2) through (6) of sub-
section (a), as redesignated;
(3) striking ‘‘(1)’’ and ‘‘subchapter I of’’ in sub-
section (a), as redesignated;
(4) striking ‘‘subchapter I of’’ in subsection (b),
as redesignated;
(5) striking ‘‘subchapter I of’’ in subsection
(c)(1), as redesignated;
(6) striking ‘‘subsection (a) of this section and’’
in subsection (c)(2), as redesignated; and
(7) striking the first sentence of subsection (d), as
redesignated, and inserting the following: ‘‘The Trans-
portation Board may take action under this section
only after a full hearing.’’.
SEC. 358. TAX DISCRIMINATION AGAINST RAIL TRANSPOR-
TATION PROPERTY.
Section 11503 is amended by—
(1) striking ‘‘subchapter I of’’ in subsection
(a)(3); and
(2) striking ‘‘subchapter I of’’ in subsection
(b)(4).
SEC. 359. WITHHOLDING STATE AND LOCAL INCOME TAX BY
CERTAIN CARRIERS.
Section 11504 is amended by—
(1) striking ‘‘subchapter I of’’ in subsection (a);
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(2) striking subsections (b) and (c) and redesig-
nating subsection (d) as subsection (b); and
(3) striking ‘‘, motor, and motor private’’ and
‘‘subsection (a) or (b) of’’ in subsection (b), as redesig-
nated.
SEC. 360. GENERAL AUTHORITY FOR ENFORCEMENT, IN-
VESTIGATIONS, ETC.
Section 11701 is amended by—
(1) striking ‘‘, broker or freight forwarder’’ in the
second and fourth sentences of subsection (a);
(2) striking the third sentence of subsection (a);
(3) striking the first 2 sentences of subsection (b)
and inserting the following: ‘‘A person, including a
governmental authority, may file with the Transpor-
tation Board a complaint about a violation of this
part by a carrier providing transportation or service
subject to the jurisdiction of the Transportation
Board under this part. The complaint must state the
facts that are the subject of the violation.’’; and
(4) striking ‘‘subchapter I of’’ in the last sentence
of subsection (b).
SEC. 361. ENFORCEMENT.
Section 11702 is amended by—
(1) striking ‘‘(a)’’ in subsection (a);
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(2) striking paragraphs (4) through (6) of sub-
section (a);
(3) striking ‘‘or 10933’’ in paragraph (1);
(4) striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) to enforce subchapter III of chapter 113 of
this title and to compel compliance with an order of
the Transportation Board under that subchapter;
and’’
(5) striking ‘‘subchapter I of’’ in paragraph (3);
(6) striking the semicolon at the end of para-
graph (3) and inserting a period; and
(7) striking subsection (b).
SEC. 362. ATTORNEY GENERAL ENFORCEMENT.
Section 11703 is amended by striking ‘‘or permit’’
wherever it appears in subsection (a).
SEC. 363. RIGHTS AND REMEDIES.
Section 11705 is amended by—
(1) striking ‘‘or a freight forwarder’’ in sub-
section (a);
(2) striking subsection (b)(1) and inserting the
following:
‘‘(b)(1) A carrier providing transportation or service
subject to the jurisdiction of the Transportation Board
under chapter 105 of this title is liable to a person for
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amounts charged that exceed the applicable rate for the
transportation or service.’’;
(3) striking ‘‘subparagraph I or III of’’ in sub-
section ((b)(2);
(4) striking subsection (b)(3);
(5) striking ‘‘subchapter I or III of’’ in the first
sentence of subsection (c)(1);
(6) striking the second sentence of subsection
(c)(1);
(7) striking ‘‘subchapter I or III of’’ in the sec-
ond sentence of subsection (c)(2);
(8) striking ‘‘subchapter I or III of’’ in the first
sentence of subsection (d)(1); and
(9) striking ‘‘, or (D) if a water carrier, in
which a port of call on a route operated by that car-
rier is located’’ and inserting ‘‘or’’ before ‘‘(C)’’ in the
fourth sentence of subsection (d)(1).
SEC. 364. LIMITATION ON ACTIONS.
Section 11706 is amended by—
(1) striking subsection (a) and inserting the fol-
lowing:
‘‘(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 must begin a
civil action to recover charges for the transportation or serv-
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ice provided by the carrier within 3 years after the claim
accrues.’’;
(2) striking the first sentence of subsection (b)
and inserting ‘‘A person must begin a civil action to
recover overcharges under section 11705(b)(1) of this
title within 3 years after the claim accrues.’’;
(3) striking ‘‘subchapter I or III of’’ in the last
sentence of subsection (b);
(4) striking ‘‘(1)’’ in subsection (c);
(5) striking paragraph (2) of subsection (c); and
(6) striking ‘‘(c)(1)’’ in the second sentence of
subsection (d) and inserting ‘‘(c)’’.
SEC. 365. LIABILITY OF COMMON CARRIERS UNDER RE-
CEIPTS AND BILLS OF LADING.
(a) Section 11707 is amended by—
(1) striking ‘‘(a)(1)’’ in subsection (a) and in-
serting ‘‘(a)’’;
(2) striking paragraph (2) of subsection (a);
(3) striking ‘‘subchapter I, II, or IV of’’ and
‘‘and a freight forwarder’’ in the first sentence of sub-
section (a), as amended;
(4) striking ‘‘or freight forwarder’’ in the second
sentence of subsection (a), as amended;
(5) striking ‘‘subchapter I, II, or IV’’ in the sec-
ond sentence of subsection (a), as amended, and in-
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serting ‘‘chapter 105 or subject to jurisdiction under
part B of this subtitle’’;
(6) striking ‘‘, except in the case of a freight for-
warder,’’ in the third sentence of subsection (a), as
amended;
(7) striking ‘‘diverted under a tariff filed under
subchapter IV of chapter 107 of this title.’’ in the
third sentence of subsection (a), as amended, and in-
serting ‘‘diverted.’’;
(8) striking ‘‘or freight forwarder’’ in the fourth
sentence of subsection (a);
(9) striking ‘‘and freight forwarder’’ in sub-
section (c)(1), and striking ‘‘filed with the Commis-
sion’’;
(10) striking paragraph (3) of subsection (c) and
redesignating paragraph (4) as paragraph (3);
(11) striking ‘‘or freight forwarder’’ wherever it
appears in subsection (e); and
(12) striking ‘‘or freight forwarder’s’’ in sub-
section (e)(2).
(b) The index for chapter 117 is amended by striking
out the item relating to section 11707 and inserting in lieu
thereof the following:
‘‘Sec. 11707. Liability of Carriers under receipts and bills of lading.’’.
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SEC. 366. LIABILITY WHEN PROPERTY IS DELIVERED IN
VIOLATION OF ROUTING INSTRUCTIONS.
Section 11710 is amended by striking ‘‘subchapter I
of’’ in subsection (a)(1).
SEC. 367. GENERAL CIVIL PENALTIES.
Section 11901 is amended by:
(1) striking ‘‘subchapter I of’’ in subsection (a)
and subsection (b);
(2) striking subsection (c) and subsections (g)
through (l), and redesignating subsections (d) through
(f) as (c) through (e), respectively, and subsection (m)
as (f);
(3) striking ‘‘11127’’ in subsection (d), as redes-
ignated;
(4) striking ‘‘(1)’’ in subsection (d), as redesig-
nated, and striking paragraph (2) of that subsection;
(5) striking ‘‘subchapter I of’’ each place it ap-
pears in subsection (e), as redesignated;
(6) striking ‘‘(1)’’ in subsection (f), as redesig-
nated, and striking paragraph (2) of that subsection;
and
(7) striking ‘‘subsections (a)-(f) of’’ in subsection
(f), as redesignated.