```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2860 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2860

To amend the Interstate Commerce Act to modify the Interstate Commerce 
 Commission's regulatory responsibilities over the trucking industry, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1993

 Mr. Emerson introduced the following bill; which was referred to the 
              Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
To amend the Interstate Commerce Act to modify the Interstate Commerce 
 Commission's regulatory responsibilities over the trucking industry, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trucking Regulatory Reform Act of 
1993''.

SEC. 2. PURPOSE.

    This Act is part of the continuing effort by the Congress to reduce 
burdensome and unnecessary Government regulation and to enhance 
competition, safety, and efficiency in the motor carrier industry.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) a safe, sound, competitive, and fuel-efficient motor 
        carrier system is vital to the maintenance of a strong national 
        economy and a strong national defense;
            (2) the statutes governing Federal regulation of the motor 
        carrier industry are outdated and must be revised to reflect 
        present and future transportation needs and realities;
            (3) significant competitive and consumer benefits have 
        resulted from the enactment and implementation of the Motor 
        Carrier Act of 1980;
            (4) limitation of the Interstate Commerce Commission's 
        regulatory responsibility over motor carriers of property will 
        result in enhanced competition in the motor carrier industry;
            (5) elimination of unnecessary regulatory requirements will 
        improve performance of the motor carrier industry at both the 
        Federal and the State level;
            (6) streamlined regulatory oversight functions will result 
        in a reduction of the paperwork burden for businesses and 
        government; and
            (7) legislative and resulting changes should be implemented 
        with the least amount of disruption consistent with achieving 
        the reforms enacted.

SEC. 4. TRANSPORTATION POLICY.

    Section 10101(a)(2) of title 49, United States Code, is amended--
            (1) by redesignating clauses (A) through (I) as clauses (C) 
        through (K), respectively;
            (2) by inserting after ``in order to'' the following new 
        clauses: ``(A) allow, to the maximum extent possible, 
        competition and the demand for services to establish reasonable 
        rates for transportation by motor carriers of property; (B) 
        minimize the need for Federal regulatory control over the motor 
        carrier transportation system and to require fair and 
        expeditious regulatory decisions when regulation is 
        required;''.

SEC. 5. DEFINITIONS.

    Section 10102 of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (13) and (14) as paragraphs 
        (14) and (15), respectively;
            (2) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) `independently determined rate, classification, rule 
        or practice' means a rate, classification, rule, or practice 
        established by--
                    ``(A) a single motor common carrier for application 
                only to transportation that it can provide over its 
                line; or
                    ``(B) 2 or more interlining carriers without 
                participation in an organization established or 
                continued under an agreement approved under section 
                10706(b) for application only to transportation that 
                the interlining carriers can provide jointly over their 
                lines.'';
            (3) by inserting after paragraph (15), as so redesignated, 
        the following new paragraph:
            ``(16) `motor common carrier independent action' means any 
        action taken by a motor common carrier of property that is a 
        member of an organization established or continued under an 
        agreement approved under section 10706(b) or by 2 or more 
        interlining motor common carriers of property that are members 
        of such an organization--
                    ``(A) to establish a rate, classification, rule, or 
                practice to be published by the organization in the 
                appropriate organization or individual tariff or to 
                cancel a rate, classification, rule, or practice for 
                the account of the motor common carrier or the 
                interlining motor common carriers; or
                    ``(B) to instruct the organization that an existing 
                rate established by collective action (including a 
                joint-rate, general rate increase, or broad tariff 
                restructuring) which is proposed to be instituted, 
                changed, or canceled, be retained with or without 
                modification for the account of, or be made 
                inapplicable to the account of, the carrier or the 
                accounts of the interlining carriers and published in 
                the appropriate organization or individual carrier 
                tariffs.''; and
            (4) by redesignating existing paragraphs (15) through (31) 
        as paragraphs (17) through (33), respectively.

SEC. 6. EXEMPTIONS.

    Section 10505 of title 49, United States Code, is amended--
            (1) in subsection (a) by inserting ``, or a motor carrier 
        providing transportation of property other than household 
        goods,'' after ``rail carrier providing transportation'';
            (2) in each of subsections (a)(1) and (d) by inserting ``or 
        section 10101(a)'' after ``section 10101a''; and
            (3) in subsection (f) by inserting ``or a motor carrier 
        providing transportation of property other than household 
        goods'' after ``rail carrier''.

SEC. 7. RATE BUREAUS.

    (a) Section 10706(b) of title 49, United States Code, is amended--
            (1) in paragraph (2) by striking ``As provided by this 
        subsection, a'' and inserting ``A'';
            (2) in paragraph (2) by striking ``them.'' at the end of 
        the first sentence and inserting ``them, only as provided by 
        this subsection.'';
            (3) in paragraph (3) by striking ``Agreements'' and 
        inserting ``An agreement'';
            (4) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively; and
            (5) by inserting after paragraph (2) the following new 
        paragraph:
    ``(3) If the agreement is not made and carried out under the 
conditions required by the Commission with respect to a rate, 
classification, rule, or practice, the fact that the rate, 
classification, rule, or practice was included in a tariff duly filed 
with the Commission shall not relieve any carrier participating in it 
from liability or any remedy available under the antitrust laws, as 
defined in the first section of the Clayton Act (15 U.S.C. 12), unless 
the Commission has determined reasonableness of the rate, 
classification, rule, or practice under the provisions of this 
subtitle.''.
    (b) Section 10706(b)(4) of title 49, United States Code, as 
redesignated by subsection (a)(4) of this section, is amended--
            (1) by redesignating subparagraphs (E) through (H) as 
        subparagraphs (F) through (I), respectively; and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
            ``(E) No agreement approved under this subsection may 
        provide for docketing of the independent actions of motor 
        common carriers providing transportation of property other than 
        household goods or for discussion of or voting upon those 
        independent actions.''.

SEC. 8. STANDARDS FOR RATEMAKING.

    (a) Section 10701(a) of title 49, United States Code, is amended--
            (1) by striking ``(other than a rail rate),'' in the first 
        sentence and inserting ``(other than a (1) rail rate, or (2) an 
        independently determined rate or a rate determined by the 
        independent action, as defined in section 10102(16)(A), of a 
        motor carrier providing transportation of property other than 
        household goods),'';
            (2) by striking ``(including a rail carrier)'' in the 
        second sentence and inserting ``(including a rail carrier, but 
        excluding a motor carrier providing transportation of property 
        other than household goods under rates described in clause (2) 
        of the first sentence of this subsection)''; and
            (3) by striking ``(including rail carriers)'' in the third 
        sentence and inserting ``(including rail carriers, but 
        excluding motor carriers providing transportation of property 
        other than household goods under rates described in clause (2) 
        of the first sentence of this subsection)''.
    (b) Section 10701(e) of title 49, United States Code, is amended by 
inserting ``(except a motor carrier or a group of motor carriers 
providing transportation of property other than household goods under 
independently determined rates or rates determined by independent 
action, as defined in section 10102(16)(A))'' after ``motor carriers''.

SEC. 9. PRESCRIPTION OF RATES, CLASSIFICATIONS, RULES, AND PRACTICES BY 
              THE INTERSTATE COMMERCE COMMISSION.

    (a) Section 10704(b)(1) of title 49, United States Code, is 
amended--
            (1) in subparagraph (A) by inserting after ``title'' the 
        following: ``(except as to a motor common carrier providing 
        transportation of property other than household goods under 
        independently determined rates or rates determined by 
        independent action, as defined in section 10102(16)(A))''; and
            (2) by inserting ``, except as provided in paragraph (2) of 
        this subsection, or the'' after ``shall prescribe,''.
    (b) Section 10704(b) of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) If the carrier is a motor common carrier providing 
transportation of property other than household goods which establishes 
rates collectively in an organization established or continued under an 
agreement approved under section 10706 of this title or by independent 
action, as defined in section 10102(16)(B), the Commission shall 
prescribe only the maximum rate or the classification, rule, or 
practice to be followed.''.
    (c) Section 10704(c)(1) of title 49, United States Code, is 
amended--
            (1) in the first sentence by inserting ``(except a motor 
        contract carrier providing transportation of property other 
        than household goods)'' after ``contract carrier'' the first 
        place it appears;
            (2) in the first sentence by inserting ``(except the 
        minimum rate of a motor contract carrier providing 
        transportation of property other than household goods)'' after 
        ``minimum rate'' the second place it appears; and
            (3) in the second sentence by striking ``rate,'' and 
        inserting ``rate (except the rate of a motor contract carrier 
        providing transportation of property other than households 
        goods),''.
    (d) Section 10704(c)(2) of title 49, United States Code, is amended 
by inserting ``except a motor contract carrier providing transportation 
of property other than household goods,'' after ``contract carrier,''.
    (e) Section 10704(d) of title 49, United States Code, is amended by 
inserting ``and motor carriers providing transportation of property 
other than household goods'' after ``rail carriers''.
    (f) Section 10705(b) of title 49, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) Nothing in this section shall be applicable to motor common 
carriers providing transportation of property other than household 
goods under rates, classifications, rules, and practices that have been 
independently determined, as defined in section 10102(13), or 
established by independent action as defined in section 
10102(16)(A).''.

SEC. 10. INVESTIGATION AND SUSPENSION OF NEW RATES, CLASSIFICATIONS, 
              RULES, AND PRACTICES.

    (a) Section 10708(a)(1) of title 49, United States Code, is 
amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``(except as to new individual 
                rates, classifications, rules, and practices that are 
                independently determined, as defined in section 
                10102(13), or established by independent action, as 
                defined in section 10102(16)(A), by motor common 
                carriers providing transportation of property other 
                than household goods)'' after ``affecting a rate''; and
                    (B) by striking ``or'' the last place it appears;
            (2) in subparagraph (B)--
                    (A) by inserting ``(other than a motor contract 
                carrier providing transportation of property other than 
                households goods)'' after ``contract carrier''; and
                    (B) by striking the period at the end of such 
                subparagraph and inserting ``; or''; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
            ``(C) a new rate, classification, rule, or practice 
        described in subparagraph (A) and established by independent 
        action, as defined in section 10102(16)(B), or established 
        collectively in accordance with the procedures of an agreement 
        approved by the Commission under section 10706(b) is filed with 
        the Commission by or on behalf of a motor common carrier or 2 
        or more interlining motor common carriers providing 
        transportation of property, other than household goods.''.
    (b) Section 10708(d) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``motor common carrier of 
        property or'' and inserting ``motor common carrier providing 
        transportation of household goods or a'';
            (2) in paragraph (2) by striking ``of property'' and 
        inserting ``providing transportation of household goods'';
            (3) in paragraph (2)(B)(i) by striking ``carriers or'' and 
        inserting ``motor common carriers providing transportation of 
        households goods or''; and
            (4) in paragraph (6) by inserting ``(except as to 
        independent actions by motor common carriers of property other 
        than household goods)'' after ``docketing''.
    (c) Section 10708(e) of title 49, United States Code, is amended--
            (1) by striking ``3 years after the effective date of this 
        subsection,'';
            (2) by inserting ``(1)'' before ``a motor common carrier of 
        passengers'';
            (3) by inserting after ``too low,'' the following: ``or (2) 
        a motor common carrier providing transportation of property 
        other than household goods on the grounds that such a rate is 
        unreasonable on the basis that it is too high,'';
            (4) by inserting ``by independent action, as defined in 
        section 10102(16)(B), or is established'' after ``rate is 
        established''; and
            (5) by striking ``title.'' and inserting ``title or the 
        result of an independent action, as defined in section 
        10102(16)(B).''.

SEC. 11. SPECIAL RATES.

    (a) Section 10725 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking ``A'' and inserting ``(1) 
        Except as provided in paragraph (2) of this subsection, a''; 
        and
            (2) by adding at the end of subsection (b) the following 
        new paragraph:
    ``(2) The limitations of paragraph (1) of this subsection shall not 
apply to rates, classifications, and rules established pursuant to 
subsection (a) of this section if they are independently determined, as 
defined in section 10102(13), or established by independent action, as 
defined in section 10102(16)(A), by a motor common carrier providing 
transportation of property other than household goods.''; and
            (3) by inserting at the end of subsection (c) the following 
        new sentence: ``A motor common carrier providing transportation 
        of property other than household goods may establish any rate 
        for the transportation if the rate is independently determined, 
        as defined in section 10102(13), or established by independent 
        action, as defined in section 10102(16)(A).''.
    (b) Section 10730(b)(2) of title 49, United States Code, is amended 
by inserting at the end the following new sentence: ``The Commission 
may grant relief from this paragraph with respect to one or more motor 
common carriers providing transportation of property other than 
household goods when relief is consistent with the public interest and 
the transportation policy of section 10101 of this title. The 
Commission may begin a proceeding under this paragraph on application 
of 1 or more motor common carriers providing transportation of property 
other than household goods or on its own initiative.''.
    (c) The second sentence of section 10747 of title 49, United States 
Code, is amended by inserting ``(except a motor common carrier 
providing transportation of property other than household goods under 
rates that are independently determined, as defined in section 
10102(13), or established by independent action, as defined in section 
10102(16)(A))'' after ``of this title''.

SEC. 12. PROCEDURE FOR RESOLVING DISPUTES.

    (a) General Rule.--For purposes of section 10701 of title 49, 
United States Code, it shall be an unreasonable practice for a 
nonhousehold goods motor carrier, a nonhousehold goods freight 
forwarder, or a person representing such a carrier or freight forwarder 
(hereinafter in this section referred to as a ``representative'') to 
attempt to charge or to charge for a transportation service the 
difference between--
            (1) the rate that is lawfully in effect pursuant to a 
        tariff that is filed in accordance with chapter 107 of such 
        title by the carrier or freight forwarder and that is 
        applicable to such transportation service, and
            (2) the negotiated rate for such transportation service,
if the carrier or freight forwarder is no longer transporting property 
between places described in section 10521(a)(1) of such title or is 
transporting property between places described in such section for the 
purpose of avoiding the application of this subsection.
    (b) Jurisdiction of the Commission.--The Commission shall have 
exclusive jurisdiction to make a determination of whether or not the 
attempting to charge or the charging of a person for a transportation 
service rate by a carrier, freight forwarder, or a representative is an 
unreasonable practice under subsection (a). In making such a 
determination, the Commission shall consider--
            (1) whether such person was offered a transportation rate 
        by the carrier or freight forwarder other than that legally on 
        file with the Commission for such transportation service,
            (2) whether such person tendered freight to the carrier or 
        freight forwarder in reasonable reliance upon the offered 
        transportation rate,
            (3) whether the carrier or freight forwarder did not 
        properly or timely file with the Commission a tariff providing 
        for such transportation rate or failed to execute a valid 
        contract for such transportation service,
            (4) whether the transportation rate was billed and 
        collected by the carrier or freight forwarder, and
            (5) whether the carrier, freight forwarder, or 
        representative demands additional payment of a higher rate 
        filed in a tariff.
    (c) Stay of Additional Compensation.--When a person proceeds under 
this section to challenge the reasonableness of the practice of, or the 
legally applicable freight rate or charges being claimed by, a carrier, 
freight forwarder, or representative described in subsection (a) in 
addition to those already billed and collected, such person shall not 
have to pay any additional compensation to such carrier, freight 
forwarder, or representative until the Commission has made a 
determination as to the reasonableness of the challenged rate or 
practice as applied to the freight of the person against whom the claim 
is made.
    (d) Satisfaction of Claims.--A person from whom the additional 
rates or charges are sought may elect to satisfy such claim by payment 
of 10 percent of the difference between the carrier's legally 
applicable and effective tariff rate or charge and the rate originally 
billed and paid. In the event that a dispute arises as to the rate that 
was legally applicable to the shipment, such dispute shall be resolved 
by the Commission.
    (e) Special Rule for Small-Business Concerns and Charitable 
Organizations.--Notwithstanding subsections (a), (b), and (d), a person 
from whom the additional legally applicable and effective tariff rate 
or charges are sought may elect to satisfy such claim by payment of 1 
percent of the difference between the carrier's applicable and 
effective tariff rate and the rate originally billed and paid if such 
person qualifies as a small-business concern under the Small Business 
Act (15 U.S.C. 631 et seq.) or is an organization which is described in 
section 501(c)(3) of the Internal Revenue Code and exempt from tax 
under section 501(a) of such Code. In the event that a dispute arises 
as to the rate that was legally applicable to the shipment, such 
dispute shall be resolved by the Commission.
    (f) Notification of Election.--A person must notify the carrier, 
freight forwarder, or representative as to its election to proceed 
under subsection (d) or (e) not later than the 120th day after the date 
of receipt of notification by the claimant or plaintiff of the election 
provisions of this section.
    (g) Effects of Election.--When a person from whom additional 
legally applicable and effective tariff rates or charges are sought 
does not elect to use the provisions of subsection (d) or (e), the 
person may pursue all rights and remedies existing under title 49, 
United States Code.
    (h) Treatment of Subsection.--Subsections (a) through (g) are 
enacted as an exception, and shall be treated as an exception, to the 
requirement of sections 10761(a) and 10762 of title 49, United States 
Code, relating to a filed tariff rate for a transportation or service 
subject to the jurisdiction of the Commission and other general tariff 
requirements.
    (i) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Commission, household goods, and household goods 
        freight forwarder.--The terms ``Commission'', ``household 
        goods'', and ``household goods freight forwarder'' have the 
        meaning such terms have under section 10102 of title 49, United 
        States Code.
            (2) Nonhousehold goods freight forwarder.--The term 
        ``nonhousehold goods freight forwarder'' means a freight 
        forwarder as defined in section 10102 of title 49, United 
        States Code, except that such term does not include a household 
        goods freight forwarder.
            (3) Nonhousehold goods motor carrier.--The term 
        ``nonhousehold goods motor carrier'' means a motor carrier as 
        defined under section 10102 of title 49, United States Code of 
        property (other than household goods).
            (4) Negotiated rate.--The term ``negotiated rate'' means a 
        rate, charge, classification, or rule agreed upon by a 
        nonhousehold goods motor carrier or nonhousehold goods freight 
        forwarder and a shipper through negotiations pursuant to which 
        no tariff was lawfully or timely filed with the Commission and 
        for which there is written evidence of such agreement.
    (j) Statute of Limitations.--
            (1) Motor carrier charges.--Section 11706(a) of title 49, 
        United States Code, is amended by striking the period at the 
        end and inserting the following: ``; except that a common 
        carrier providing transportation or service subject to the 
        jurisdiction of the Commission under chapter 105 of this 
        title--
            ``(1) must begin, within 24 months after the claim accrues, 
        a civil action to recover charges for such transportation or 
        service if such transportation or service is provided by the 
        carrier on or after the date of the enactment of this exception 
        and before the date that is 1 year after such date of 
        enactment; and
            ``(2) must begin, within 18 months after the claim accrues, 
        such a civil action if such transportation or service is 
        provided by the carrier on or after the date that is 1 year 
        after such date of enactment.''.
            (2) Motor carrier overcharges.--Section 11706(b) of title 
        49, United States Code, is amended by striking the period at 
        the end of the first sentence and inserting the following: 
        ``except that a person must begin, within 24 months after the 
        claim accrues, a civil action to recover overcharges from a 
        carrier subject to the jurisdiction of the Commission under 
        subchapter II of chapter 105 of this title for transportation 
        or service if such transportation or service takes place on or 
        after the date of the enactment of this exception and before 
        the date that is 1 year after such date of enactment, and a 
        person must begin, within 18 months after the claim accrues, 
        such a civil action for transportation or service taking place 
        on or after the date that is 1 year after such date of 
        enactment.''.
            (3) Conforming amendment.--Section 11706(d) of title 49, 
        United States Code, is amended by striking ``3-year period'' 
        each place it appears and inserting ``limitations period''.
    (k) Tariff Reconciliation Rules for Motor Carriers of Property.--
            (1) In general.--Chapter 117 of title 49, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 11712. Tariff reconciliation rules for motor common carriers of 
              property
    ``(a) Mutual Consent.--Subject to Commission review and approval, 
motor carriers subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title and shippers may resolve, by 
mutual consent, overcharge and undercharge claims resulting from 
incorrect tariff provisions or billing errors arising from the 
inadvertent failure to properly or timely file and maintain agreed upon 
rates, rules, or classifications in compliance with sections 10761 and 
10762 of this title. Resolution of such claims among the parties shall 
not subject any party to the penalties of chapter 119 of this title.
    ``(b) Limitation on Statutory Construction.--Nothing in this 
section shall relieve the motor carrier of the duty to file and adhere 
to its rates, rules, and classifications as required in sections 10761 
and 10762, except as provided in subsection (a) of this section.
    ``(c) Rulemaking Proceeding.--Not later than 90 days after the date 
of the enactment of this section, the Commission shall institute a 
proceeding to establish rules pursuant to which the tariff requirements 
of sections 10761 and 10762 of this title shall not apply under 
circumstances described in subsection (a) of this section.''.
            (2) Conforming amendment.--The analysis for chapter 117 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``11712. Tariff reconciliation rules for motor common carriers of 
                            property.''.
    (l) Customer Account Codes.--Section 10762(g) of title 49, United 
States Code, is amended to read as follows:
    ``(g) Customer Account Codes.--No tariff filed with the Commission 
before, on, or after the date of the enactment of this subsection may 
be held invalid solely on the basis that a numerical or alpha account 
code is used in such tariff to designate customers or to describe the 
applicability of rates. For transportation performed on and after the 
90th day following such date of enactment, the name of the customer for 
each account code must be set forth in a tariff.''.
    (m) Payment of Rates.--Section 10743(b)(1) of title 49, United 
States Code, is amended by adding at the end the following new 
sentence: ``Carriers may not by tariff publication override regulations 
of the Commission.''.
    (n) Failure To Participate in Agent's Tariff.--Section 10762(b)(1) 
of title 49, United States Code, is amended by inserting after the 
first sentence the following new sentence: ``Regulations of the 
Commission relating to tariff publication and filing may provide that 
tariffs which do not comply with such regulations are void.''.
    (o) Effective Date.--
            (1) General rule.--Except as provided in paragraph (2), 
        this section (including the amendments made by this section) 
        shall take effect on the date of the enactment of this Act.
            (2) Exception.--Subsections (a) through (i) shall apply 
        to--
                    (A) any proceeding before the Interstate Commerce 
                Commission, and
                    (B) any court action,
        which is pending or commenced on or after the date of the 
        enactment of this Act.

SEC. 13. TARIFF FILING.

    (a) Section 10702(b) of title 49, United States Code, is amended by 
inserting ``, except a motor contract carrier of property,'' after ``A 
contract carrier'' and by inserting ``of passengers'' in the second 
sentence after ``motor contract carrier''.
    (b) Section 10761(a) of title 49, United States Code, is amended--
            (1) by inserting ``and in subsection (b) of this section'' 
        after ``subtitle'';
            (2) by inserting after ``105 of this title'' the following: 
        ``(excluding a motor common carrier providing transportation of 
        property other than household goods under independently 
        determined rates, as defined in section 10102(13), or rates 
        established by independent action, as defined in section 
        10102(16)(A))''; and
            (3) by striking ``That carrier'' and inserting ``A carrier 
        subject to this subsection''.
    (c) Section 10761 of title 49, United States Code, is amended by 
redesignating subsections (b) and (c) as subsections (c) and (d), 
respectively, and by inserting after subsection (a) the following new 
subsection:
    ``(b) The rate for transportation or service, specified in a tariff 
filed by a motor common carrier providing transportation of property 
other than household goods under rates determined collectively in 
accordance with an agreement approved by the Commission under section 
10706(b) or by independent action, as defined in section 10102(16)(B), 
shall be considered a maximum rate.''.
    (d) Section 10762(a) of title 49, United States Code, is amended--
            (1) in paragraph (1) by inserting ``(except a motor common 
        carrier providing transportation of property other than 
        household goods under independently determined rates, as 
        defined in section 10102(13), or rates established by 
        independent action, as defined in section 10102(16)(A) of this 
        title)'' after ``A motor common carrier'' in the second 
        sentence and after ``that motor common carriers'' in the third 
        sentence;
            (2) by inserting after the third sentence the following new 
        sentence: ``A motor contract carrier of property is not 
        required to publish or file actual or minimum rates under this 
        subtitle.''; and
            (3) by striking ``or a motor carrier of property providing 
        transportation under a certificate to which the provisions of 
        section 10922(b)(4)(E) of this title apply or under a permit to 
        which the provisions of section 10923(b)(5) of this title 
        apply''.
    (e) Section 10762(c)(2) of title 49, United States Code, is amended 
by inserting ``(except a motor contract carrier of property or a motor 
contract carrier of passengers)'' after ``contract carrier''.
    (f) Section 11916 of title 49, United States Code, is amended--
            (1) by striking ``When'' and inserting ``(a) Except as 
        provided in subsection (b), when'';
            (2) by adding at the end the following new subsection:
    ``(b) When a motor common carrier providing transportation of 
property other than household goods files with the Commission or 
publishes a particular rate under chapter 107 of this title or 
participates in one of those rates and that rate was established by 
independent action, as defined in section 10102(16)(B), or established 
collectively in accordance with an agreement approved by the Commission 
under section 10706(b), then the published or filed rate is conclusive 
proof against that carrier, its officers, and agents that it is the 
maximum legal rate for that transportation or service in a proceeding 
begun under section 11902 and 11903 of this title. A departure, or 
offer to depart, from that rate is a violation of those sections only 
if it exceeds that rate.''.

SEC. 14. STANDARDS FOR SAFETY FITNESS.

    (a) Use of Safety Ratings.--The Secretary of Transportation and the 
Interstate Commerce Commission shall determine jointly by rule, after 
notice and opportunity for comment, the proper use of safety ratings 
(especially conditional and unsatisfactory ratings) developed pursuant 
to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 
2512), in determining whether a motor carrier owner or operator or an 
applicant for an operating certificate meets the safety fitness 
requirements of that provision.
    (b) ICC Procedures.--The Interstate Commerce Commission, in 
cooperation with the Secretary of Transportation, shall determine by 
rule, after notice and opportunity for comment, appropriate procedures 
by which the Commission may suspend or revoke the certificates of 
carriers that fail to meet the safety fitness requirements described in 
subsection (a) and any other safety requirements established by the 
Commission.

SEC. 15. MOTOR COMMON CARRIER LICENSING.

    (a) Section 10922(b)(1) of title 49, United States Code, is 
amended--
            (1) by striking ``finds--'' and inserting ``finds that the 
        person is able to comply with--'';
            (2) by striking subparagraphs (A) and (B) and all that 
        follows through the period at the end and inserting the 
        following:
            ``(A) this subtitle, the regulations of the Commission, and 
        any safety requirements imposed by the Commission; and
            ``(B) the safety fitness requirements established by the 
        Secretary of Transportation in consultation with the Commission 
        pursuant to section 215 of the Motor Carrier Safety Act of 1984 
        (49 U.S.C. App. 2512); and
            ``(C) the minimum financial responsibility requirements 
        established by the Commission pursuant to section 10927 of this 
        title.''.
    (b) Section 10922(b)(2) of title 49, United States Code, is 
amended--
            (1) by striking subparagraphs (A) and (B);
            (2) by striking ``at least the following:'' and inserting 
        the following: ``any evidence demonstrating that the applicant 
        is unable to comply with this subtitle, the regulations of the 
        Commission, Commission safety requirements, or the safety 
        fitness and minimum financial responsibility requirements 
        referred to in paragraph (1) of this subsection.''.
    (c) Section 10922(b) of title 49, United States Code, is amended--
            (1) by striking paragraphs (3) and (4);
            (2) by inserting after paragraph (2) the following new 
        paragraph:
    ``(3) The Commission, pursuant to section 215(d) of the Motor 
Carrier Safety Act of 1984 (49 U.S.C. App. 2512(d)), shall find any 
applicant for authority to operate as a motor carrier under this 
section to be unfit if the applicant does not meet the safety fitness 
requirements referred to in paragraph (1)(B) and shall deny the 
application.'';
            (3) by redesignating paragraph (5) as paragraph (4);
            (4) in paragraph (4), as so redesignated, by striking 
        ``holding authority under paragraph (4)(D) of this 
        subsection,'' and inserting ``motor carrier providing 
        transportation of shipments weighing 100 pounds or less 
        transported in a motor vehicle in which no one package exceeds 
        100 pounds and'';
            (5) by inserting after paragraph (4), as so redesignated, 
        the following new paragraph:
    ``(5) A person may protest an application to provide transportation 
under this subsection only on the grounds that the applicant fails or 
will fail to comply with this subtitle, the regulations of the 
Commission, Commission safety requirements, or the safety fitness or 
minimum financial responsibility requirements referred to in paragraph 
(1) of this subsection.''; and
            (6) by striking paragraphs (6) through (9).
    (d) Section 10922(g)(1) of title 49, United States Code, is amended 
by striking ``by public convenience'' and all that follows through the 
period at the end and inserting a period.

SEC. 16. MOTOR CONTRACT CARRIER LICENSING.

    (a) General Rule.--Section 10923(a) of title 49, United States 
Code, is amended by inserting ``of passengers'' after ``motor contract 
carrier''.
    (b) Motor Contract Carriers of Property.--Section 10923 of title 
49, United States Code, is amended by redesignating subsections (b), 
(c), (d), and (e) as subsections (c), (d), (e), and (f), respectively, 
and by inserting after subsection (a) the following new subsection:
    ``(b) Permits to Nonpassenger Motor Contract Carriers.--Except as 
provided in this section and section 10930 of this title, the 
Commission shall issue a permit to a person authorizing the person to 
provide transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title as a motor contract 
carrier (other than a motor contract carrier of passengers) if the 
Commission finds that the person is able to comply with--
            ``(1) this subtitle, the regulations of the Commission, and 
        any safety requirements imposed by the Commission;
            ``(2) the safety fitness requirements established by the 
        Secretary of Transportation in consultation with the Commission 
        pursuant to section 215 of the Motor Carrier Safety Act of 1984 
        (49 U.S.C. App. 2512); and
            ``(3) the minimum financial responsibility requirements 
        established by the Commission pursuant to section 10927 of this 
        title.''.
    (c) Evidence To Be Considered.--Section 10923(c) of title 49, 
United States Code, as redesignated by subsection (b) of this section, 
is amended--
            (1) in paragraph (3) by striking ``shall consider--'' and 
        subparagraphs (A), (B), and (C) and inserting the following: 
        ``shall consider any evidence demonstrating that the applicant 
        is unable to comply with this subtitle, the regulations of the 
        Commission, Commission safety requirements, or the safety 
        fitness and minimum financial responsibility requirements 
        referred to in subsection (b) of this section.'';
            (2) by striking paragraph (4) and inserting the following:
    ``(4) The Commission, pursuant to section 215 of the Motor Carrier 
Safety Act of 1984 (49 U.S.C. App. 2512(d)), shall find any applicant 
for authority to operate as a motor contract carrier under this section 
to be unfit if the applicant does not meet the safety fitness 
requirements of subsection (b)(2) of this section and shall deny the 
application.'';
            (3) by striking paragraphs (5) and (6);
            (4) by redesignating paragraph (7) as paragraph (5); and
            (5) by inserting at the end the following new paragraph:
    ``(6) A person may protest an application to provide transportation 
under this subsection only on the grounds that the applicant fails or 
will fail to comply with this subtitle, the regulations of the 
Commission, Commission safety requirements, or the safety fitness or 
minimum financial responsibility requirements of paragraph (1) of this 
subsection.''.
    (d) Conditions.--Section 10923(e) of title 49, United States Code, 
as redesignated by subsection (b) of this section, is amended--
            (1) in paragraph (1) by striking ``, except that'' and all 
        that follows through the period at the end of the first 
        sentence and inserting a period;
            (2) in paragraph (2) by striking ``each person or class of 
        persons'' and all that follows through ``persons)'' and 
        inserting ``, in the case of a motor contract carrier of 
        passengers, the number of persons''; and
            (3) in paragraph (2)(A) by striking ``as a motor contract 
        carrier''.
    (e) Continuing Contracts.--Section 10923 of title 49, United States 
Code, is further amended by adding at the end the following new 
subsection:
    ``(g) Continuing Contracts.--One or more motor contract carriers of 
property providing transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title may enter 
into a continuing contract with one or more purchasers of motor carrier 
services to provide specified services under specified rates and 
conditions to the extent permitted by the common law of contracts and 
the Uniform Commercial Code.''.

SEC. 17. REVOCATION OF MOTOR CARRIER AUTHORITY.

    (a) ICC Suspensions.--Section 10925(d)(1) of title 49, United 
States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
            ``(B) if a motor carrier, for failure to comply with the 
        safety fitness requirements referred to in section 10922(b)(1) 
        or 10923(b) of this subtitle or the minimum financial 
        responsibility requirements of section 10927 of this 
        subtitle;''.
    (b) DOT Suspensions.--Section 10925(d)(2) of title 49, United 
States Code, is amended--
            (1) by inserting ``or upon its own initiative'' after 
        ``Secretary of Transportation'';
            (2) by inserting ``or property'' after ``passengers''; and
            (3) by striking ``property.'' and inserting ``property or 
        has failed to meet the safety fitness standards established by 
        the Secretary pursuant to section 215 of the Motor Carrier 
        Safety Act of 1984 (49 U.S.C. App. 2512).''.

SEC. 18. COMMISSION AUTHORITY OVER INTRASTATE TRANSPORTATION.

    (a) Nonhousehold Goods Motor Carriers of Property.--Section 
11501(b) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or intrastate transportation of 
                property (other than household goods) provided by a 
                motor carrier'' after ``rail carrier''; and
                    (B) by inserting ``or II'' after ``subchapter I'';
            (2) by adding at the end the following new paragraph:
            ``(7) In this subsection and subsections (c) and (d) of 
        this section, the terms `exercise jurisdiction over intrastate 
        transportation of property (other than household goods) 
        provided by a motor carrier' and `exercise jurisdiction over 
        intrastate motor carrier transportation of property (other than 
        household goods)' each mean to regulate any aspect of the 
        intrastate transportation of property (other than household 
        goods) provided by a motor carrier that is also the subject of 
        regulation by the Commission, including licensing, tariff 
        filing, contracts, rates, classifications, rules, and 
        practices.'';
            (3) in paragraph 2--
                    (A) by inserting ``(A)'' before ``Within 120 
                days''; and
                    (B) by inserting at the end the following new 
                subparagraphs:
    ``(B) Within 120 days after the effective date of the Trucking 
Regulatory Reform Act of 1993, the Commission shall establish 
guidelines for determining whether the standards and procedures that a 
State authority will use in exercising jurisdiction over intrastate 
transportation of property (other than household goods) provided by a 
motor carrier described in paragraph (1) of this subsection are in 
accordance with the standards and procedures applicable to regulation 
of motor carriers by the Commission under this title.
    ``(C) Within 180 days after the effective date of the guidelines 
required to be established under subparagraph (B), each State authority 
exercising jurisdiction over intrastate transportation of property 
(other than household goods) provided by a motor carrier described in 
paragraph (1) of this subsection shall (i) submit to the Commission the 
standards and procedures that it will use in exercising such 
jurisdiction, and (ii) certify that such standards and procedures are 
in accordance with the guidelines established in subparagraph (B) and 
with the standards and procedures applicable to regulation of motor 
carriers by the Commission under this title.''.
    (b) ICC Certification.--Section 11501(b)(3)(A) of title 49, United 
States Code, is amended--
            (1) by inserting ``(i)'' before ``90 days'';
            (2) by striking ``paragraph (2)'' and inserting ``paragraph 
        (2)(A)'';
            (3) by inserting after ``of this subsection,'' the 
        following: ``or (ii) 180 days after receipt of the intrastate 
        motor carrier regulatory standards and procedures under 
        paragraph (2)(B) of this subsection,''; and
            (4) by inserting ``or motor carriers providing 
        transportation of property (other than household goods)'' after 
        ``rail carriers''.
    (c) Grandfathered Standards and Procedures.--Section 11501(b)(3)(B) 
of title 49, United States Code, is amended by inserting after ``rules, 
and practices'' the following: ``and the standards and procedures 
existing in each State on the effective date of the Trucking Regulatory 
Reform Act of 1993 for the exercise of jurisdiction over intrastate 
motor carrier transportation of property (other than household 
goods)''.
    (d) State Authority.--Section 11501(b)(4) of title 49, United 
States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``intrastate motor carrier 
                transportation of property (other than household goods) 
                or'' after ``jurisdiction over'' in the first sentence;
                    (B) by striking ``over intrastate'' in the second 
                sentence and inserting ``over intrastate motor carrier 
                transportation of property (other than household goods) 
                or intrastate rail''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``or a motor carrier providing 
                transportation of property (other than household 
                goods)'' after ``provided by a rail carrier'';
                    (B) by inserting ``over intrastate motor carrier 
                transportation of property (other than household goods) 
                or'' after ``may not exercise jurisdiction'';
                    (C) by inserting ``rail'' after ``over an 
                intrastate''; and
                    (D) by inserting ``or II'' after ``subchapter I''.
    (e) Commission Review.--Section 11501(c) of title 49, United States 
Code, is amended--
            (1) in the first sentence by inserting ``rail'' after 
        ``lawfulness of an intrastate'';
            (2) in the first sentence by inserting after 
        ``determined,'' the following: ``and any motor carrier 
        providing transportation of property (other than household 
        goods) subject to the jurisdiction of the Commission under 
        subchapter II of chapter 105 of this title and any party to an 
        administrative proceeding of any State authority in which the 
        lawfulness of intrastate motor carrier transportation of 
        property (other than household goods) is decided may petition 
        the Commission to review that decision'';
            (3) in the second sentence by inserting ``filed by a rail 
        carrier'' after ``any such petition'';
            (4) in the second sentence by inserting ``and on any such 
        petition filed by a motor carrier or any party to a motor 
        carrier proceeding of a State authority within 60 days after 
        the date it is received'' after ``is received'';
            (5) in the third sentence by inserting ``rail'' after 
        ``authorize the'';
            (6) in the third sentence by inserting ``or shall determine 
        and authorize the motor carrier to take the appropriate action 
        with respect to intrastate motor carrier transportation of 
        property (other than household goods)'' after ``or practice''; 
        and
            (7) by adding at the end the following new sentence: ``The 
        authority of the Commission under this subsection shall include 
        the authority to issue a certificate under the standards of 
        section 10922 and a permit under the standards of section 10923 
        authorizing a motor carrier providing transportation of 
        property (other than household goods) subject to the 
        jurisdiction of the Commission under subchapter or II of 
        chapter 105 of this title to provide intrastate motor carrier 
        transportation of property (other than household goods).''.
    (f) Exclusive Authority of Commission.--Section 11501(d) of title 
49, United States Code, is amended--
            (1) in paragraph (1) by inserting ``or by a motor carrier 
        providing transportation of property (other than household 
        goods)'' after ``rail carrier'' the first place it appears;
            (2) in paragraph (1) by inserting ``or II'' after 
        ``subchapter I'';
            (3) in paragraph (1)(A) by inserting ``or a motor carrier 
        providing transportation of property (other than household 
        goods)'' after ``a rail carrier'';
            (4) in paragraph (2) by inserting ``or a motor carrier 
        providing transportation of property (other than household 
        goods)'' after ``rail carrier'';
            (5) in paragraph (2) by inserting ``rail'' after 
        ``intrastate''; and
            (6) in paragraph (2) by inserting ``and shall prescribe the 
        intrastate motor carrier rate under the standards of chapter 
        107 of this title'' after ``and chapter 107 of this title''.

                                 <all>

HR 2860 IH----2
HR 2860 IH----3
HR 2860 IH----4
```