209
‘‘(2) ASSOCIATION.—The term ‘association’
means an organization maintained by or in the in-
terest of a group of carriers or brokers providing
transportation or service subject to jurisdiction
under chapter 135 that performs a service, or en-
gages in activities, 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 to be prepared or compiled under this subchapter
by carriers and brokers, including records related to move-
ment 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.
210
‘‘(c) PERIOD FOR PRESERVATION OF RECORDS.—
The Secretary or Panel, as applicable, may prescribe the
time period during which operating, accounting, and fi-
nancial records must be preserved by carriers and brokers.
‘‘§ 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 reports, the form and substance of which shall be
prescribed by the Secretary; except that, at a minimum,
such reports shall include balance sheets and income state-
ments.
‘‘(b) MATTERS TO BE COVERED.—In determining
the matters to be covered by any reports to be filed under
subsection (a), the Secretary shall consider—
‘‘(1) safety needs;
‘‘(2) the need to preserve confidential business
information and trade secrets and prevent competi-
tive 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)
211
that is not a publicly held corporation or that is not
subject to financial reporting requirements of the
Securities 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 re-
quest if the Secretary finds that the exemption re-
quested is necessary to avoid competitive harm and
to avoid the disclosure of information that qualifies
as a trade secret or privileged or confidential infor-
mation 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 Trans-
portation or including such data in aggregate indus-
try statistics released for publication if such inclu-
sion would not render the filer’s data readily identi-
fiable.
‘‘(4) PERIOD
OF
EXEMPTIONS.—Exemptions
granted under this subsection shall be for 3-year pe-
riods.
212
‘‘(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
Secretary shall streamline and simplify, to the maximum
extent practicable, any reporting requirements the Sec-
retary imposes under this section.
‘‘CHAPTER 143—FINANCE
‘‘Sec.
‘‘14301. Security interests in certain motor vehicles.
‘‘14302. Pooling and division of transportation or earnings.
‘‘14303. Consolidation, merger, and acquisition of control of motor carriers of
passengers.
‘‘§ 14301. Security interests in certain motor vehicles
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ 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
213
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
related to a security interest, means taking action
(including public filing, recording, notation on a cer-
tificate 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 credi-
tors 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
214
performance of an obligation secured by that security in-
terest is perfected in all jurisdictions against all general,
and subsequent 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
vehicle 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 in-
terest 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 business of that carrier is located requires or per-
mits public filing or recording of, or in relation to,
that security 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
paragraph (2) of this subsection, if the security in-
terest has been perfected under the law (including
the conflict of laws rules) of the State where the
principal place of business of that carrier is located.
216
‘‘(2) DETERMINATION OF IMPORTANCE AND RE-
STRAINT ON COMPETITION.—Prior to the effective
date of the agreement or combination, the Panel
shall determine whether the agreement or combina-
tion is of major transportation importance and
whether there is substantial likelihood that the
agreement or combination will unduly restrain com-
petition. If the Panel determines that neither of
these 2 factors exists, it shall, prior to such effective
date and without a hearing, approve and authorize
the agreement or combination, 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.
‘‘(3) HEARING.—If the Panel determines either
that the agreement or combination is of major trans-
portation importance or that there is substantial
likelihood that the agreement or combination will
unduly restrain competition, the Panel shall hold a
hearing concerning whether the agreement or com-
bination will be in the interest of better service to
the public or of economy in operation and whether
it will unduly restrain competition and shall suspend
operation of such agreement or combination pending
217
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 econ-
omy in operation and will not unduly restrain com-
petition and if assented to by all the carriers in-
volved, shall to that extent, approve and authorize
the agreement or combination, 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
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 inter-
est of better service to the public and of economy in
operation and not to restrain competition unduly if
the practices proposed to be carried out under such
agreement or combination are the same as or similar
to practices carried out under agreements and com-
binations between motor carriers providing transpor-
218
tation of household goods to pool or divide traffic or
service of any part of their earnings approved by the
Interstate Commerce Commission before the effec-
tive 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
combinations between motor carriers providing
transportation of household goods and their agents.
‘‘(d) CONDITIONS.—The Panel may impose condi-
tions governing the pooling or division and may approve
and authorize payment of a reasonable consideration be-
tween the carriers.
‘‘(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
219
and municipal law, as necessary to let that person carry
out the arrangement.
‘‘(g) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) HOUSEHOLD
GOODS.—The term ‘house-
hold 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.
‘‘(2) TRANSPORTATION.—The term ‘transpor-
tation’ means transportation that would be subject
to the jurisdiction of the Interstate Commerce Com-
mission 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.
‘‘§ 14303. Consolidation, merger, and acquisition of
control of motor carriers of passengers
‘‘(a) APPROVAL REQUIRED.—The following trans-
actions involving motor carriers of passengers subject to
jurisdiction under subchapter I of chapter 135 may be car-
ried out only with the approval of the Panel:
‘‘(1) Consolidation or merger of the properties
or franchises of at least 2 carriers into one operation
for the ownership, management, and operation of
the previously separately owned properties.
220
‘‘(2) A purchase, lease, or contract to operate
property of another carrier by any number of car-
riers.
‘‘(3) Acquisition of control of a carrier by any
number of carriers.
‘‘(4) Acquisition of control of at least 2 carriers
by a person that is not a carrier.
‘‘(5) Acquisition of control of a carrier by a per-
son that is not a carrier but that controls any num-
ber of carriers.
‘‘(b) STANDARD FOR APPROVAL.—The Panel shall
approve and authorize a transaction under this section
when it finds the transaction is consistent with the public
interest. The Panel shall consider at least the following:
‘‘(1) The effect of the proposed transaction on
the adequacy of transportation to the public.
‘‘(2) The total fixed charges that result from
the proposed transaction.
‘‘(3) The interest of carrier employees affected
by the proposed transaction.
The Panel may impose conditions governing the trans-
action.
‘‘(c) DETERMINATION OF COMPLETENESS OF APPLI-
CATION.—Within 30 days after the date on which an ap-
plication is filed under this section, the Panel shall either
221
publish a notice of the application in the Federal Register
or reject the application if it is incomplete.
‘‘(d) COMMENTS.—Written comments about an appli-
cation may be filed with the Panel within 45 days after
the date on which notice of the application is published
under subsection (c).
‘‘(e) DEADLINES.—The Panel shall conclude evi-
dentiary proceedings by the 240th day after the date on
which notice of the application is published under sub-
section (c). The Panel shall issue a final decision by the
180th day after the conclusion of the evidentiary proceed-
ings. The Panel may extend a time period under this sub-
section; except that the total of all such extensions with
respect to any application shall not exceed 90 days.
‘‘(f) EFFECT OF APPROVAL.—A carrier or corpora-
tion participating in or resulting from a transaction ap-
proved by the Panel under this section, or exempted by
the Panel from the application of this section pursuant
to section 13541, may carry out the transaction, own and
operate property, and exercise control or franchises ac-
quired through the transaction without the approval of a
State authority. A carrier, corporation, or person partici-
pating in the approved or exempted transaction is exempt
from the antitrust laws and from all other law, including
State and municipal law, as necessary to let that person
222
carry out the transaction, hold, maintain, and operate
property, and exercise control or franchises acquired
through the transaction.
‘‘(g) LIMITATION ON APPLICABILITY.—This section
shall not apply to transactions involving carriers whose ag-
gregate gross operating revenues were not more than
$2,000,000 during a period of 12 consecutive months end-
ing not more than 6 months before the date of the agree-
ment of the parties.
‘‘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 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
scheduling of interstate or intrastate transportation (in-
cluding discontinuance or reduction in the level of service)
provided by motor carrier of passengers subject to juris-
diction under subchapter I of chapter 135 of this title on
an interstate route or relating to the implementation of
223
any change in the rates for such transportation or for any
charter transportation except to the extent that notice, not
in excess of 30 days, of changes in schedules may be re-
quired. This subsection shall not apply to intrastate com-
muter bus operations.
‘‘(b) FREIGHT FORWARDERS AND BROKERS.—
‘‘(1) GENERAL
RULE.—Subject to paragraph
(2) of this subsection, no State or political subdivi-
sion thereof and no intrastate agency or other politi-
cal agency of 2 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
AUTHOR-
ITY.—Nothing in this subsection and the amend-
ments made by the Surface Freight Forwarder De-
regulation Act of 1986 shall be construed to affect
the authority of the State of Hawaii to continue to
regulate a motor carrier 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
of a State, or political authority of 2 or more States
224
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
private carrier, broker, or freight forwarder with re-
spect 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
nature of the cargo, or the authority of a State
to regulate motor carriers with regard to mini-
mum amounts of financial responsibility relat-
ing to insurance requirements and self-insur-
ance authorization;
‘‘(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-
225
hicle transportation by a tow truck, if such
transportation is performed without the prior
consent or authorization of the owner or opera-
tor of the motor vehicle.
‘‘(3) STATE STANDARD TRANSPORTATION PRAC-
TICES.—
‘‘(A) CONTINUATION.—Paragraph (1) shall
not affect any authority of a State, political
subdivision of a State, or political authority of
2 or more States to enact or enforce a law, reg-
ulation, or other provision, with respect to the
intrastate transportation of property by motor
carriers, related 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
requirements of subparagraph (B).
‘‘(B) REQUIREMENTS.—A law, regulation,
or provision of a State, political subdivision, or
226
political authority meets the requirements of
this subparagraph if—
‘‘(i) the law, regulation, or provision
covers the same subject matter as, and
compliance with such law, regulation, or
provision is no more burdensome than
compliance with, a provision of this part or
a regulation 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, reg-
ulation, or provision of a State, political sub-
division, or political authority under this para-
graph.
‘‘(4) This subsection shall not apply with re-
spect to the State of Hawaii until August 22, 1997.
‘‘§ 14502. Tax discrimination against motor carrier
transportation property
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
227
‘‘(1) ASSESSMENT.—The term ‘assessment’
means valuation for a property tax levied by a taxing
district.
‘‘(2) ASSESSMENT
JURISDICTION.—The term
‘assessment jurisdiction’ means a geographical area
in a State used in determining the assessed value of
property for ad valorem taxation.
‘‘(3) MOTOR CARRIER TRANSPORTATION PROP-
ERTY.—The term ‘motor carrier transportation
property’ means property, as defined by the Sec-
retary, owned or used by a motor carrier providing
transportation in interstate commerce whether or
not such transportation is subject to jurisdiction
under subchapter I of chapter 135.
‘‘(4) COMMERCIAL
AND
INDUSTRIAL
PROP-
ERTY.—The term ‘commercial and industrial prop-
erty’ means property, other than transportation
property and land used primarily for agricultural
purposes 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
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:
228
‘‘(1) EXCESSIVE VALUATION OF PROPERTY.—
Assess 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 com-
mercial and industrial property in the same assess-
ment 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
paragraph (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 ap-
plicable 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, concur-
rent with other jurisdiction of courts of the United
States and the States, to prevent a violation of sub-
section (b) of this section.
229
‘‘(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 per-
cent, 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 can-
not 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 sec-
tion—
‘‘(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
assessment value of all other property subject
230
to a property tax levy in the assessment juris-
diction 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 prop-
erty at a tax rate that exceeds the tax ratio rate
applicable 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 compensa-
tion 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.
‘‘(b) SPECIAL RULES.—
231
‘‘(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 pro-
viding transportation subject to jurisdiction under
subchapter II of chapter 135 shall file income tax
information 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 car-
rier 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.
‘‘(c) FILING OF INFORMATION.—A motor and motor
private carrier withholding pay from an employee under
232
subsection (a) of this section shall file income tax informa-
tion returns and other reports only with the State and
subdivision of residence of the employee.
‘‘§ 14504. Registration of motor carriers by a State
‘‘(a) DEFINITIONS.—In this section, the terms
‘standards’ and ‘amendments to standards’ mean the
specification of forms and procedures required by regula-
tions of the Secretary to prove the lawfulness of transpor-
tation 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 im-
poses obligations in excess of the standards of the Sec-
retary, 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—
‘‘(A) a motor carrier is required to register
annually with only one State by providing evi-
233
dence of its Federal registration under chapter
139;
‘‘(B) the State of registration shall fully
comply with standards prescribed under this
section; 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
implementing the single State registration sys-
tem described in paragraph (1) of this sub-
section, only a State acting in its capacity as
registration State under such single State sys-
tem may require a motor carrier registered by
the Secretary 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;
‘‘(iii) to pay directly to such State fee
amounts in accordance with the fee system
235
‘‘(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) is based on the number of
commercial motor vehicles the carrier
operates in a State and on the num-
ber of States in which the carrier op-
erates;
‘‘(II) minimizes the costs of com-
plying with the registration system;
and
‘‘(III) results 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 in accordance with the fee system estab-
lished under subparagraph (B)(iv) of this para-
236
graph shall be deemed to be a burden on inter-
state commerce.
‘‘(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.
‘‘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.
237
‘‘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
compel compliance with this part. If the Secretary finds
that a foreign motor carrier or foreign motor private car-
rier is violating chapter 139, the Secretary shall take ap-
propriate action to compel compliance with that chapter.
The Secretary 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 subject to jurisdiction under this part or a foreign
motor carrier or foreign motor private carrier providing
transportation registered under section 13902 of this title.
The complaint must state the facts that are the subject
238
of the violation. 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.
‘‘(d) LIMITATION.—The Secretary and the Panel only
have authority under this section with respect to matters
within their respective jurisdictions under this part.
‘‘§ 14702. Enforcement by the regulatory authority
‘‘(a) IN GENERAL.—The Secretary or the Panel, as
applicable, 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
violated by a carrier or broker providing transpor-
tation or service subject to jurisdiction under sub-
chapter I or III of chapter 135 of this title or by
a foreign motor carrier or foreign motor private car-
rier providing transportation registered under sec-
tion 13902 of this title.
‘‘(b) VENUE.—In a civil action under subsection
(a)(2) of this section—
239
‘‘(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 may bring or participate
in any civil action involving motor carrier undercharges.
‘‘§ 14703. Enforcement by the Attorney General
‘‘The Attorney General may, and on request of either
the Secretary or the Panel shall, bring court proceed-
ings—
‘‘(1) to enforce this part or a regulation or
order of the Secretary or Panel or terms of registra-
tion 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.
‘‘§ 14704. Rights and remedies of persons injured by
carriers or brokers
‘‘(a) IN GENERAL.—
240
‘‘(1) ENFORCEMENT OF ORDER.—A person in-
jured because a carrier or broker providing transpor-
tation or service subject to jurisdiction under chap-
ter 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 subsection. A
person may bring a civil action for injunctive relief
for violations of sections 14102 and 14103.
‘‘(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.
‘‘(b) LIABILITY
AND DAMAGES
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.
‘‘(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
241
14701(b) or bring a civil action under subsection (b)
to enforce liability against a carrier or broker pro-
viding transportation or service subject to jurisdic-
tion under chapter 135.
‘‘(2) ORDER OF DOT OR PANEL.—
‘‘(A) IN
GENERAL.—When the Panel or
Secretary, 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 en-
force 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.—
242
‘‘(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 payment of damages by a carrier or broker pro-
viding transportation or service subject to jurisdic-
tion under chapter 135 of this title, the text of the
order of the Panel or Secretary must be included in
the complaint. In addition to the district courts of
the United States, a State court of general jurisdic-
tion having jurisdiction of the parties has jurisdic-
tion to enforce an order under this paragraph. The
findings and order of the Panel or Secretary are
competent evidence of the facts stated in them. Trial
in a civil action 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
243
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 prin-
cipal operating office when that defendant is not in
the district in which the action is brought. A judg-
ment ordering recovery may be made in favor of any
of those plaintiffs against the defendant found to be
liable to that plaintiff.
‘‘(e) ATTORNEY’S FEES.—The district court shall
award a reasonable attorney’s fee under this section. The
district court shall tax and collect that fee as 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
transportation subject to jurisdiction under chapter 135
and an election to file a complaint with the Panel or Sec-
244
retary, as applicable, is made under section 14704(c)(1),
the complaint 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) within 2 years after the claim
accrues.
‘‘(d) EXTENSIONS.—The limitation periods under
subsection (b) of this section are extended for 6 months
from the time written notice is given to the claimant by
the carrier of disallowance of any part of the claim speci-
fied in the notice if a written claim is given to the carrier
within those limitation periods. The limitation periods
under subsections (b) and (c) of this section are extended
for 90 days from the time the carrier begins a civil action
under subsection (a) to recover charges related to the
same transportation or service, or collects (without begin-
ning a civil action under that subsection) the charge for
that transportation 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
carrier for the payment of money within 1 year after the
date the order required the money to be paid.
245
‘‘(f) GOVERNMENT TRANSPORTATION.—This section
applies to transportation for the United States Govern-
ment. The time limitations under this section are ex-
tended, as related 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 ten-
der 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
246
service subject to jurisdiction under subchapter I or
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 car-
rier, 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 forwarder, applies to property reconsigned or
diverted under a tariff under section 13702. 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 transpor-
tation 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
jurisdiction under subchapter I of chapter 135 to re-
ceive property from a consignor, the motor carrier
247
may execute the bill of lading or shipping receipt for
the freight forwarder with its consent. With the con-
sent of the freight forwarder, a motor carrier may
deliver property for a freight forwarder on the
freight forwarder’s bill of lading, freight bill, or ship-
ping receipt to the consignee named in it, and re-
ceipt for the property may be made on the freight
forwarder’s delivery receipt.
‘‘(b) APPORTIONMENT.—The carrier issuing the re-
ceipt or bill of lading under subsection (a) of this section
or delivering 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.—A carrier may
limit liability imposed under subsection (a) by estab-
lishing rates for the transportation of property
(other than household goods) under which the liabil-
ity of the carrier for such property (A) is limited to
a value established by written or electronic declara-
tion of the shipper or by a mutual written agreement
248
between the carrier and shipper, or (B) is contained
in a schedule of rules and rates maintained by the
carrier and provided to the shipper upon request.
The schedule shall clearly state its dates of applica-
bility.
‘‘(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
action under this section may be brought against a
delivering carrier in a district 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 defendant carrier oper-
ates.
‘‘(2) AGAINST
CARRIER
RESPONSIBLE
FOR
LOSS.—A civil action under this section may be
brought against the carrier alleged to have caused
249
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.
‘‘(4) JUDICIAL
DISTRICT
DEFINED.—In this
section, ‘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 ap-
plicable geographic area over which such court
exercises 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—
250
‘‘(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
‘‘(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
CARRIERS TO DECLARED VALUE.—A carrier or group of
carriers subject to jurisdiction under subchapter I or III
of chapter 135 may petition the Panel to modify, elimi-
nate, or establish rates for the transportation of household
goods under which the liability of the carrier for that prop-
erty 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.
251
‘‘(2) FACTORS
TO
CONSIDER.—In conducting
the study, the Secretary, at a minimum, shall con-
sider—
‘‘(A) the efficient delivery of transportation
services;
‘‘(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
Secretary (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
transportation or service may bring a civil action to en-
force any such section. In a civil action under this sub-
section, trial is in the judicial district in which the person
who violated that section operates.
252
‘‘(b) PROCEDURE.—A copy of the complaint in a civil
action under subsection (a) shall be served on the Sec-
retary and a certificate of service must appear in the com-
plaint filed with the court. The Secretary may intervene
in a civil action under subsection (a). The Secretary may
notify the district court in which the action is pending that
the Secretary intends to consider the matter that is the
subject of the complaint in a proceeding before the Sec-
retary. When that notice is filed, the court shall stay fur-
ther action pending 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 Fed-
eral Rules of Civil Procedure.
‘‘§ 14708. Dispute settlement program for household
goods carriers
‘‘(a) OFFERING SHIPPERS ARBITRATION.—As a con-
dition of registration under section 13902 or 13903, a car-
rier providing transportation of household goods subject
to jurisdiction under subchapter I or III of chapter 135
must agree to offer in accordance with this section to ship-
pers of household goods arbitration as a means of settling
disputes between such carriers and shippers of household
253
goods concerning 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 a place distant from the carrier’s prin-
cipal 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, in-
cluding a concise easy-to-read, accurate summary of
the arbitration procedure, any applicable fees, and
disclosure of the legal effects of election to utilize ar-
bitration. Such notice must be given to persons for
whom household goods are to be transported by the
carrier before such goods are tendered to the carrier
for transportation.
‘‘(3) PROVISION OF FORMS.—Upon request of a
shipper, the carrier must promptly provide such
forms and other information as are necessary for
initiating an action to resolve a dispute under arbi-
tration.
254
‘‘(4) INDEPENDENCE
OF
ARBITRATOR.—Each
person authorized to arbitrate or otherwise settle
disputes must be independent of the parties to the
dispute and must be capable, as determined under
such regulations as the Secretary may issue, to re-
solve such disputes fairly and expeditiously. The car-
rier must ensure that each person chosen to settle
the disputes is authorized and able to obtain from
the shipper or carrier any material and relevant in-
formation 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 arbitration proceeding under this subsection. The
arbitrator may determine which party shall pay the
cost or a portion of the cost of the arbitration pro-
ceeding.
‘‘(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
arbitration, such arbitration shall be binding on the
parties. If the dispute involves a claim for more than
$1,000 and the shipper requests arbitration, such
255
arbitration 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 rep-
resentative), but such oral presentation may be
made only if all parties to the dispute expressly
agree to such presentation 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 decision resolving a dispute may include any rem-
edies appropriate under the circumstances, including
repair, replacement, refund, reimbursement for ex-
penses, and compensation for damages.
256
‘‘(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
section 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
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
such carrier, the shipper shall be awarded reasonable at-
torney’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 subsection; or
‘‘(B) the court proceeding is to enforce a deci-
sion rendered through arbitration under this section
257
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
such carrier, such carrier may be awarded reasonable at-
torney’s fees by the court only if the shipper brought such
action in bad faith—
‘‘(1) after resolution of such dispute through
arbitration 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
section shall apply only in the case of collect-on-delivery
transportation of household goods.
258
‘‘(g) REVIEW BY SECRETARY.—Not later than 36
months after the effective date of this section, the Sec-
retary shall complete a review of the dispute settlement
program established under this section. If, after notice and
opportunity for comment, the Secretary determines that
changes are necessary to such program to ensure the fair
and equitable resolution of disputes under this section, the
Secretary shall implement such changes and transmit a
report to Congress on such changes.
‘‘§ 14709. Tariff reconciliation rules for motor car-
riers 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 transpor-
tation of household goods) and shippers may resolve, by
mutual consent, overcharge and under-charge claims re-
sulting from incorrect tariff provisions or billing errors
arising from the inadvertent failure to properly and timely
file and maintain agreed upon rates, rules, or classifica-
tions in compliance with section 13702 or, with respect
to transportation provided before the effective date of this
section, sections 10761 and 10762, 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 tariff.
259
‘‘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
required to make a report to the Secretary or the Panel,
answer 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;
‘‘(2) does not specifically, completely, and
truthfully 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);
260
is liable to the United States Government for a civil pen-
alty of not less than $500 for each violation and for each
additional 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 employee of such person, that does not comply with sec-
tion 13901 with respect to providing transportation of
passengers, 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 per-
son, 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 En-
vironmental Protection Agency pursuant to section 3001
of the Solid Waste Disposal Act (but not including any
waste the regulation of which under the Solid Waste Dis-
posal Act has been suspended 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
261
transportation of household goods, the degree of culpabil-
ity, any history of prior such conduct, the degree of harm
to shipper or shippers, ability to pay, the effect on ability
to do business, 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 en-
gages in or knowingly authorizes an agent or other per-
son—
‘‘(1) to falsify documents used in the transpor-
tation of household goods subject to jurisdiction
under subchapter I or III of chapter 135 which evi-
dence the weight of a shipment; or
262
‘‘(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 ade-
quate 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 person to pay a civil penalty assessed under this sub-
section.
‘‘(f) VENUE.—Trial in a civil action under sub-
sections (a) through (e) of this section is in the judicial
district in which—
‘‘(1) the carrier or broker has its principal of-
fice;
‘‘(2) the carrier or broker was authorized to
provide transportation or service under this part
when the violation occurred;
‘‘(3) the violation occurred; or
‘‘(4) the offender is found.
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.
263
‘‘§ 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 consignor 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 for-
eign country; and
‘‘(2) knowingly accepting or receiving by any
means a rebate or offset against the rate for trans-
portation for, or service of, that property contained
in a tariff required under section 13702;
is liable to the United States Government for a civil pen-
alty 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 re-
ceived 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 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.
264
‘‘§ 14903. Tariff violations
‘‘(a) CRIMINAL PENALTY FOR UNDERCHARGING.—A
person that knowingly offers, grants, gives, solicits, ac-
cepts, or receives by any means transportation or service
provided for property by a carrier subject to jurisdiction
under chapter 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, im-
prisoned 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 this section are considered
to be the actions and omissions of that carrier or shipper
as well as that person.
‘‘(d) VENUE.—Trial in a criminal action under this
section is in the judicial district in which any part of the
265
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 permits a person to get, service provided
under that subchapter at less than the rate in effect
266
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.
‘‘(2) OTHERS.—A person that knowingly and
willfully by any means gets, or attempts to get, serv-
ice 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 sub-
section (a) or (b) of section 14103 or who knowingly vio-
lates subsection (a) of such section is liable to the United
States Government 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.
267
‘‘§ 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 viola-
tion 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
person, 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 pre-
serve that record in the form and manner pre-
scribed;
‘‘(4) knowingly and willfully falsifies, destroys,
mutilates, or changes that report or record;
‘‘(5) knowingly and willfully files a false report
or record;
268
‘‘(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
regulation 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 IN-
FORMATION.—
‘‘(1) VIOLATIONS.—A carrier or broker provid-
ing 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 per-
son, except the shipper or consignee, and another
person may not solicit, or knowingly receive, infor-
mation about the nature, kind, quantity, destination,
consignee, or routing of property tendered or deliv-
ered to that carrier or broker for transportation pro-
vided under this part without the consent of the
shipper or consignee if that information may be used
to the detriment of the shipper or consignee or may
269
disclose 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
authority 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
mutual traffic accounts in the ordinary course of
business.
‘‘§ 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, im-
prisoned for not more than 1 year, or both.
270
‘‘§ 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 of a foreign motor carrier
or foreign motor private carrier under section 13902, shall
be fined at least $500 for the first violation and at least
$500 for a subsequent violation. A separate violation oc-
curs 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 violation. When acting in the scope of their employ-
ment, the actions and omissions of individuals acting for
or employed by that carrier are considered to be the ac-
tions and omissions of that carrier as well as that individ-
ual.
271
‘‘§ 14912. Weight-bumping in household goods trans-
portation
‘‘(a) WEIGHT-BUMPING DEFINED.—For the pur-
poses of this section, ‘weight-bumping’ means the knowing
and willful making or securing of a fraudulent weight on
a shipment of household goods which is subject to jurisdic-
tion 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, im-
prisoned 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
published or filed rate is conclusive proof against that car-
rier, its officers, and agents that it is the legal rate for
that transportation 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:
272
‘‘(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.’’.
(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 transpor-
tation designed and carried out to meet the special
needs of elderly individuals and individuals with dis-
abilities; provided that, in any case in which the
transit service area is located in more than 1 State,
the minimum level of financial responsibility for such
motor vehicle will be at least the highest level re-
quired for any of such States.’’.
273
(c) 
TRANSPORTERS
OF
PROPERTY.—Section
31139(e) of such title is amended by adding at the end
thereof the following:
‘‘(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 reg-
ulations of the Interstate Commerce Commission, as in ef-
274
fect on July 1, 1995, governing the qualifications for ap-
proval of a motor carrier as a self-insurer, until such time
as the 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 Sec-
retary at the time of qualification.
(f) AUTOMOBILE TRANSPORTERS DEFINED.—The
Secretary 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 transport of assembled (capable of being driven) high-
way vehicles, race car transporters, or specialty trailers
designed for the racing industry with a 10-foot 1-inch
spread axle setting.
SEC. 105. CREDITABILITY OF ANNUAL LEAVE FOR PUR-
POSES OF MEETING MINIMUM ELIGIBILITY
REQUIREMENTS FOR AN IMMEDIATE ANNU-
ITY.
(a) IN GENERAL.—An employee of the Interstate
Commerce Commission who is separated from Govern-
275
ment service pursuant to the abolition of that agency
under section 101 shall, upon appropriate written applica-
tion, be given credit, for purposes of determining eligibility
for and computing the amount of any annuity under sub-
chapter III of chapter 83 or chapter 84 of title 5, United
States Code, for accrued annual leave standing to such
employee’s credit at the time of separation.
(b) LIMITATION AND OTHER CONDITIONS.—Any reg-
ulations necessary to carry out this section shall be pre-
scribed by the Office of Personnel Management. Such reg-
ulations shall include provisions—
(1) defining the types of leave for which credit
may be given under this section (such definition to
be similar to the corresponding provisions of the reg-
ulations under section 351.608(c)(2) of title 5 of the
Code of Federal Regulations, as in effect on the date
of the enactment of this Act);
(2) limiting the amount of accrued annual leave
which may be used for the purposes specified in sub-
section (a) to the minimum period of time necessary
in order to permit such employee to attain first eligi-
bility for an immediate annuity under section 8336,
8412, or 8414 of title 5, United States Code (in a
manner similar to the corresponding provisions of
the regulations referred to in paragraph (1));
276
(3) under which contributions (or arrangements
for the making of contributions) shall be made so
that—
(A) employee contributions for any period
of leave for which retirement credit may be ob-
tained under this section shall be made by the
employee; and
(B) Government contributions with respect
to such period shall similarly be made by the
Interstate Commerce Commission or other ap-
propriate officer or entity (out of appropriations
otherwise available for such contributions); and
(4) under which subsection (a) shall not apply
with respect to an employee who declines a reason-
able offer of employment in another position in the
Department of Transportation made under this Act
or any amendment made by this Act.
(c) EXTINGUISHMENT OF ELIGIBILITY FOR LUMP-
SUM PAYMENT.—A lump-sum payment under section
5551 of title 5, United States Code, shall not be payable
with respect to any leave for which retirement credit is
obtained under this section.
277
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 follow-
ing new chapter:
‘‘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. Administrative support.
‘‘726. 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
members may be appointed from the same political party.
278
‘‘(2) At any given time, at least 2 members of the
Panel shall be individuals with professional standing and
demonstrated knowledge in the fields of transportation or
transportation regulation, and at least one member shall
be an individual with professional or business experience
in the private sector.
‘‘(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 re-
move a member for inefficiency, neglect of duty, or malfea-
sance in office.
‘‘(4) On the effective date of this section, the mem-
bers 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 Inter-
state Commerce Commission.
‘‘(5) No individual may serve as a member of the
Panel for more than 2 terms. In the case of an individual
279
who becomes a member of the Panel pursuant to para-
graph (4), or an individual appointed to fill a vacancy oc-
curring before the expiration of the term for which the
predecessor of that individual was appointed, such individ-
ual may not be appointed for more than one additional
term.
‘‘(6) A member of the Panel may not have a pecu-
niary 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 employment.
‘‘(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 Presi-
dent 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, find-
ings, and determinations of the Panel the Director shall
be responsible for administering the Panel. The Director
280
may delegate the powers granted under this paragraph to
an officer, 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
service to the Panel and its members, and to rep-
resent 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 of-
ficers and employees and offices of the Panel;
‘‘(D) prepare requests for appropriations for
the Panel and submit those requests to the Presi-
dent and Congress with the prior approval of the
Panel; and
‘‘(E) supervise the expenditure of funds allo-
cated by the Panel for major programs and pur-
poses.
‘‘§ 702. Functions
‘‘Except as otherwise provided in the ICC Termi-
nation Act of 1995, or the amendments made thereby, the
Panel shall perform all functions that, immediately before
the effective date of such Act, were functions of the Inter-
281
state Commerce Commission or were performed by any of-
ficer or employee of the Interstate Commerce Commission
in the capacity 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.
‘‘(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
supervision 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 author-
ized by law.
‘‘(e) ADMISSION TO PRACTICE.—Subject to section
500 of title 5, the Panel may regulate the admission of
282
individuals to practice before it and may impose a reason-
able admission fee.
‘‘(f) BUDGET REQUESTS.—In each annual request
for appropriations by the President, the Secretary of
Transportation shall identify the portion thereof intended
for the support of the Panel and include a statement by
the Panel—
‘‘(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 esti-
mates, requests, and information (including personnel
needs), legislative recommendations, prepared testimony
for congressional hearings, and comments on legislation
at the same time they are sent to the Secretary of Trans-
portation. An officer of an agency may not impose condi-
tions on or impair communications by the Panel with Con-
gress, or a committee or member of Congress, about the
information.
‘‘§ 704. Annual report
‘‘The Panel shall annually transmit to the Congress
a report on its activities.
283
‘‘§ 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.
‘‘§ 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 find-
ings 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
participating in taking, the action; and
284
‘‘(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 sub-
section does not participate in it, the written statement
of the action shall indicate that the member did not par-
ticipate. An individual participating in taking an official
action is entitled to express the views of that individual
as part of the written statement of the action. In addition
to any publication 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 chapter and subtitle IV.
‘‘(b) The Panel may—
‘‘(1) inquire into and report on the manage-
ment of the business of carriers providing, and bro-
kers for, transportation and services subject to sub-
title IV;
285
‘‘(2) inquire into and report on the manage-
ment of the business of a person controlling, con-
trolled by, or under common control with those car-
riers or brokers to the extent that the business of
that person is related to the management of the
business of that carrier or broker;
‘‘(3) obtain from those carriers, brokers, and
persons 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
subchapter 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
jurisdiction to enforce a subpoena issued under this sec-
tion. Trial is in the district in which the proceeding is con-
ducted. The court may punish a refusal to obey a sub-
poena 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
286
to produce records. A party to a proceeding pending before
the Panel may take the testimony of a witness by deposi-
tion 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
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
subsection shall be taken under oath. The person taking
287
the deposition shall prepare, or cause to be prepared, a
transcript of the testimony taken. The transcript shall be
subscribed by the deponent.
‘‘(6) The testimony of a witness who is in a foreign
country may be taken by deposition before an officer or
person designated by the Panel or agreed on by the parties
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 indi-
vidual taking the deposition are entitled to the same fees
and mileage 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.
288
‘‘(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 reconsid-
eration of an action of the Panel; or
‘‘(3) change an action of the Panel.
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 sec-
tion 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
289
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 clas-
sifications, rates, or practices of a rail carrier that has
not designated an agent under this section, service of no-
tice of 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.
290
‘‘§ 725. Administrative support
‘‘The Secretary of Transportation shall provide ap-
propriate administrative support for the Panel.
‘‘§ 726. Definitions
‘‘All terms used in this chapter that are defined in
subtitle 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 reallocate 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 dis-
continue 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,
291
available, or to be made available in connection with a
function transferred to the Panel or the Secretary by this
Act shall be available to the Panel or the Secretary at such
time and to such extent 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
Interstate Commerce Commission, any officer or em-
ployee of the Interstate Commerce Commission, or
any other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion that is transferred by this Act or the amend-
ments 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
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Panel, any other
authorized official, a court of competent jurisdiction, or
292
operation of law. The Panel shall promptly rescind all reg-
ulations established by the Interstate Commerce Commis-
sion that are based on provisions of law repealed and not
substantively reenacted by this Act.
(b) PROCEEDINGS.—(1) Except as provided in para-
graph (2), the Panel shall assume responsibility for the
continuation of all proceedings pending before the Inter-
state Commerce Commission, and shall complete such pro-
ceedings in accordance with law and regulations as in ef-
fect 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, ex-
cept that the Panel shall assume the position of the Inter-
state Commerce Commission, and, except as provided in
paragraph (2), in all such suits, proceeding shall be had,
appeals taken, and judgments rendered in the same man-
ner 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 re-
lated to such case shall proceed in accordance with appli-
293
cable law and regulations as in effect at the time of such
subsequent proceedings.
(d) EXERCISE OF AUTHORITIES.—Except as other-
wise 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 authorities under any other provision of law that were
available with respect to the performance of that function
to the official responsible for the performance of the func-
tion immediately before the effective date of the transfer
of the function under this Act or the amendments made
by this Act.
SEC. 205. REFERENCES.
Any reference to the Interstate Commerce Commis-
sion in any other Federal law, Executive order, rule, regu-
lation, or delegation of authority, or any document of or
pertaining to the Interstate Commerce Commission or an
officer or employee of the Interstate Commerce Commis-
sion, is deemed to refer to the Panel or a member or em-
ployee of the Panel, as appropriate.
294
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 Commis-
sion.’’ and inserting in lieu thereof ‘‘Director, Transpor-
tation Adjudication Panel.’’.
(b) COMPENSATION FOR POSITIONS AT LEVEL IV.—
Section 5315 of title 5, United States Code, is amended
by striking ‘‘Members, Interstate Commerce Commis-
sion.’’ and inserting in lieu thereof ‘‘Members, Transpor-
tation Adjudication 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 fol-
lows:
‘‘§ 1162. Definition
‘‘In this subchapter, ‘Panel’ means the ‘Transpor-
tation Adjudication Panel’.’’; and
(2) by striking ‘‘Commission’’ each place it ap-
pears and inserting in lieu thereof ‘‘Panel’’.
295
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 AMEND-
MENTS.
(a) SECTION 3231.—Section 3231 of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (a) and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’; and
(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
Revenue 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’’;
296
(4) in paragraph (33)(F), by striking ‘‘Inter-
state Commerce Commission under subchapter III of
chapter 105’’ and inserting in lieu thereof ‘‘Trans-
portation 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
thereof ‘‘part A of subtitle IV’’; and
(6) in paragraph (33)(H), by striking ‘‘sub-
chapter I of chapter 105’’ and inserting in lieu
thereof ‘‘part A of subtitle IV’’.
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 head-
ing 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
297
(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 in-
serting 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—
(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 en-
tered 
by 
the 
Transportation 
Adjudication
Panel.’’; and
(5) in section 2342, by—
298
(A) inserting ‘‘or pursuant to part B of
subtitle IV of title 49, United States Code’’ be-
fore 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(a)(4) by striking ‘‘5201(7)’’
and inserting ‘‘5201(6)’’;
(2) in section 5005(b)(3), by striking ‘‘Inter-
state Commerce Commission’’ and inserting in lieu
thereof ‘‘Transportation Adjudication Panel’’; and
(3) in chapter 52—
(A) by amending paragraph (1) of section
5201 to read as follows:
‘‘(1) ‘Panel’ means the Transportation Adju-
dication Panel;’’;
(B) in section 5201(2) by striking ‘‘a
motor common carrier, or express carrier’’ and
inserting ‘‘or a motor carrier’’;
(C) in section 5201(4)—
299
(i) by striking ‘‘common’’; and
(ii) by striking ‘‘permit’’ and inserting
‘‘registration’’;
(D) in section 5201(5)—
(i) by striking ‘‘common’’ each place
it appears;
(ii) by striking ‘‘10102(14)’’ and in-
serting ‘‘13102(11)’’; and
(iii) by striking ‘‘certificate of public
convenience and necessity’’ and inserting
‘‘registration’’;
(E) by striking paragraph (6);
(F) by redesignating paragraphs (7) and
(8) as paragraphs (6) and (7), respectively;
(G) in section 5201(6), as so redesignated,
by striking ‘‘certificate of public convenience
and necessity’’ and inserting ‘‘certificate or reg-
istration;
(H) by striking subsection (f) of section
5203, and redesignating subsection (g) of such
section as subsection (f);
(I) in subsection (f) of section 5203, as so
redesignated by subparagraph (H) of this para-
graph—
300
(i) by striking ‘‘Commission’’ and in-
serting ‘‘Panel’’; and
(ii) by striking ‘‘motor common car-
rier’’ each place it appears and inserting
‘‘motor carrier;
(J) by striking ‘‘Interstate Commerce
Commission’’ in the section heading of sec-
tion 5207 and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’;
(K) by striking ‘‘Commission’s’’ in sections
5208(a) and 5215(a) and inserting in lieu
thereof ‘‘Panel’s’’;
(L) by striking ‘‘Commission’’ each place it
appears and inserting in lieu thereof ‘‘Panel’’;
(M) in the item relating to section 5207 in
the table of sections, by striking ‘‘Interstate
Commerce Commission’’ and inserting in lieu
thereof ‘‘Transportation Adjudication Panel’’;
and
(N) in section 5215(a) by striking ‘‘motor
common carrier’’ and inserting ‘‘motor carrier’’.
SEC. 307. TITLE 49 AMENDMENTS.
Title 49, United States Code, is amended—
301
(1) in section 22106(e)(1) by striking ‘‘an ap-
plication 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 ‘‘Transpor-
tation Adjudication Panel’’.
302
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 Panel’’ 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 ‘‘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. 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 ‘‘Secretary of Transportation, with respect to
303
all carriers subject to the jurisdiction of the Transpor-
tation Adjudication Panel’’.
SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMEND-
MENT.
Section 814(b)(4) of the Fair Debt Collection Prac-
tices Act (15 U.S.C. 1692l(b)(4)) is amended by striking
‘‘Interstate 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 Transpor-
tation Adjudication 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 Inter-
state Commerce Commission’’ and inserting in
lieu thereof ‘‘Director of the Transportation
Adjudication Panel’’; and
(B) by striking ‘‘Commission’’ and insert-
ing in lieu thereof ‘‘Panel’’; and
(2) in section 9(b), by striking ‘‘Interstate
Commerce Commission’’ and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’.
SEC. 318. CLAYTON ACT AMENDMENTS.
The Clayton Act is amended—
304
(1) in section 7 (15 U.S.C. 18)—
(A) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof
‘‘Transportation Adjudication Panel’’; and
(B) by inserting ‘‘, Panel,’’ 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 appli-
cable to common carriers subject to the Interstate
Commerce 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 Inter-
state Commerce Commission,’’.
305
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
Commission’’ both places it appears and insert-
ing in lieu thereof ‘‘Transportation Adjudica-
tion Panel’’; and
(B) by striking ‘‘commission’’ and insert-
ing in lieu thereof ‘‘Panel’’; and
(2) in section 28 (46 U.S.C. App. 884)—
(A) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof
‘‘Transportation 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 Inter-
306
state Commerce Act’’ in the first paragraph and in-
serting in lieu thereof ‘‘railroad subject to the juris-
diction 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
307
is hereby authorized and directed upon request of
the Railroad Retirement Board’’; and
(3) by inserting ‘‘the Transportation Adjudica-
tion Panel,’’ after ‘‘the Interstate Commerce Com-
mission,’’ in subsection (o).
SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT
AMENDMENTS.
The Railroad Unemployment Insurance Act is
amended—
(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 inserting in lieu thereof ‘‘Transportation Adju-
dication 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 sec-
tion 2(h)(3) (45 U.S.C. 352(h)(3)) and inserting in
308
lieu thereof ‘‘Transportation Adjudication Panel, ad-
justed, 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’’.
309
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
follows 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 maintenance of cars or locomotives, without first ob-
310
taining the expess consent of the authorized representa-
tives of the employees at such facility covered by collective
bargaining agreements. Any transaction undertaken in
violation of this subsection or subsection (c) shall be con-
sidered in violation of section 6 of the Railway Labor Act,
and shall be actionable 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
Corporation of ownership, in whole or in part, other than
for scrappage, of a car or locomotive that was repaired,
rehabilitated, or maintained, before the date of the enact-
ment of this subsection, at a facility acquired by the Cor-
poration under this Act, without first obtaining the ex-
press consent of the authorized representatives of the em-
ployees at the Corporation’s principal maintenance facility
covered by collective bargaining agreements, is prohib-
ited.’’.
SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT
AMENDMENT.
Section 18 of the Milwaukee Railroad Restructuring
Act (45 U.S.C. 916) is repealed.
311
SEC. 329. ROCK ISLAND RAILROAD TRANSITION AND EM-
PLOYEE ASSISTANCE ACT AMENDMENTS.
The Rock Island Railroad Transition and Employee
Assistance Act is amended—
(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 per-
son’’; 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 capa-
ble of paying the constitutional minimum value of the rail-
road line proposed to be acquired, and (ii) is able to assure
that adequate transportation will be provided over such
312
line for a period of not less than 3 years. Such term in-
cludes a governmental authority but does not include a
class I or class II rail carrier.’’;
(2) in section 509(b) (45 U.S.C. 829(b)) by
striking 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
amended by—
(1) striking ‘‘part II of the Interstate Com-
merce Act (49 U.S.C. 301 et seq.), or any successor
313
provision of’’ in paragraph (2)(C) and inserting
‘‘part B of’’; and
(2) striking ‘‘common carriers of passengers
under part II of the Interstate Commerce Act (49
U.S.C. 301 et seq.), and any successor provision of’’
in paragraph (3) and inserting ‘‘carriers of pas-
sengers under part B of’’.
SEC. 334. FEDERAL AVIATION ADMINISTRATION AUTHOR-
IZATION ACT OF 1994.
Section 601(d) of the Federal Aviation Administra-
tion Authorization Act of 1994 (Public Law 103–305) is
amended by striking all after ‘‘subsection (c)’’ and insert-
ing ‘‘shall not take effect as long as section 14501(b)(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 Sep-
tember 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).
314
(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).
(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).
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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.
Passed the House of Representatives November 14,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
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