I

103D CONGRESS

1ST SESSION H. R. 2121

To amend title 49, United States Code, relating to procedures for resolving

claims involving unfiled, negotiated transportation rates, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 13, 1993

Mr. MINETA (for himself and Mr. SHUSTER) introduced the following bill;

which was referred to the Committee on Public Works and Transportation

AUGUST 23, 1993

Additional sponsors: Mr. TRAFICANT, Mr. VALENTINE, Mr. PETE GEREN of

Texas, Mr. POSHARD, Mr. DE LUGO, Mr. BARCIA of Michigan, Mr. COPPERSMITH, Mr. MONTGOMERY, Mr. SISISKY, Mr. PETRI, Mr. BEREUTER,

Mr. INHOFE, Mr. GILCHREST, Mr. CLINGER, Mr. HOEKSTRA, Mr.

HUTCHINSON, Mr. BLUTE, Mr. HYDE, Mr. KIM, Mr. EWING, Mr. BARLOW, Mr. CLEMENT, Mr. TUCKER, Mr. BALLENGER, Ms. DUNN, Mr.

LEVY, Mr. MCCRERY, Mr. BURTON of Indiana, Mr. MAZZOLI, Mr.

PARKER, Mr. EVERETT, Mr. BEVILL, Mr. DINGELL, Mr. SUNDQUIST,

Mr. GILLMOR, Mr. EMERSON, Mr. MCKEON, Mr. DARDEN, Mr. SLATTERY, Mr. HASTERT, Mr. WALKER, Mr. LEWIS of Florida, Mr. HUGHES,

Mr. BORSKI, Mr. COLLINS of Georgia, Mr. DEAL, Mr. DORNAN, Mr.

COBLE, Mr. BACHUS of Alabama, Mr. WHITTEN, Mr. CAMP, Mr. PAYNE

of Virginia, Mr. GRANDY, Mr. ENGLISH of Oklahoma, Mr. THORNTON,

Mr. MOORHEAD, Mr. BAKER of California, Ms. BROWN of Florida, Mr.

PETERSON of Minnesota, Mr. KING, Mr. RAMSTAD, Mr. LAUGHLIN, Mr.

BOUCHER, Mr. BREWSTER, Mr. CRAMER, Ms. SHEPHERD, Mr. GLICKMAN, Ms. ESHOO, Mr. HUTTO, Mr. HALL of Texas, Mr. LANCASTER,

Mrs. MINK, Mr. PENNY, Mr. ROWLAND, Mr. OBEY, Mr. MURPHY, Mr.

CHAPMAN, Mr. TAYLOR of North Carolina, Mr. CALLAHAN, Mr. OXLEY,

Mr. DICKEY, Mr. ROBERTS, Mr. UPTON, Mr. BARTON of Texas, Mr.

MANZULLO, Mr. ROTH, Mr. KNOLLENBERG, Mr. QUINN, Mr. LIGHTFOOT, Mr. LEACH, Mr. FAWELL, Mr. BOEHNER, Mr. GINGRICH, Mr.

GOSS, Mr. HOKE, Mr. KINGSTON, Mr. MYERS of Indiana, Mr. BUNNING,

Mr. SCHIFF, Mr. FALEOMAVAEGA, Mr. STENHOLM, Mr. BARRETT of Wisconsin, Mr. JOHNSON of South Dakota, Mr. CONDIT, Mr. SYNAR, Mr.

YATES, Mr. POMEROY, Mr. HEGER, Mr. HOUGHTON, Mr. CANADY, Mr.

PACKARD, Mr. CUNNINGHAM, Mr. HANCOCK, Mr. WOLF, Mr. LINDER,

Mr. COX, Mr. KYL, Mr. LIVINGSTON, Mr. MICA, Mr. SHAYS, Mr. PRICE
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of North Carolina, Mr. PAXON, Mr. GOODLATTE, Ms. PRYCE of Ohio,

Mr. RICHARDSON, Mr. WILLIAMS, Mr. MCHUGH, Ms. FURSE, Mr.

KREIDLER, Mr. GALLO, Mr. PORTMAN, Mr. BARCA of Wisconsin, Mr.

SARPALIUS, Mr. BOEHLERT, Mr. PAYNE of New Jersey, Mr. TAYLOR of

Mississippi, Mr. STUMP, Mr. PETERSON of Florida, Mr. HORN, Mr. SENSENBRENNER, Mr. CALVERT, Mr. SHAW, Mr. CASTLE, Mr. SMITH of Oregon, Mr. BONILLA, Mr. MARKEY, Ms. SCHENK, Mr. HUNTER, Mrs.

MEYERS of Kansas, Mr. PORTER, Mrs. JOHNSON of Connecticut, Ms.

LAMBERT, Mr. EDWARDS of Texas, Mr. NEAL of Massachusetts, Mr.

QUILLEN, Mr. KOLBE, Mr. FISH, Mr. BACCHUS of Florida, Mr. THOMPSON, Mr. INGLIS of South Carolina, Mr. BLILEY, Mr. TANNER, Mr.

CRAPO, Mr. ANDREWS of Texas, Mr. SMITH of Iowa, Mr. REGULA, Mr.

GUNDERSON, Mr. GEKAS, Mrs. FOWLER, Mr. JOHNSON of Georgia, Ms.

PELOSI, Mr. HINCHEY, Mr. MACHTLEY, Mr. GALLEGLY, Mr. LAZIO, Mr.

MCMILLAN, and Mr. BARRETT of Nebraska

A BILL

To amend title 49, United States Code, relating to procedures for resolving claims involving unfiled, negotiated

transportation rates, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Negotiated Rates Act

5 of 1993’’.

6 SEC. 2. PROCEDURES FOR RESOLVING CLAIMS INVOLVING

7 UNFILED, NEGOTIATED TRANSPORTATION

8 RATES.

9 (a) IN GENERAL.—Section 10701 of title 49, United

10 States Code, is amended by adding at the end the follow11 ing new subsection:
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1 ‘‘(f) PROCEDURES FOR RESOLVING CLAIMS INVOLV2 ING UNFILED, NEGOTIATED TRANSPORTATION RATES.—

3 ‘‘(1) IN GENERAL.—When a claim is made by

4 a motor carrier of property (other than a household

5 goods carrier) providing transportation subject to

6 the jurisdiction of the Commission under subchapter

7 II of chapter 105 of this title, by a freight forwarder

8 (other than a household goods freight forwarder), or

9 by a party representing such a carrier or freight for10 warder regarding the collection of rates or charges

11 for such transportation in addition to those origi12 nally billed and collected by the carrier or freight

13 forwarder for such transportation, the person

14 against whom the claim is made may elect to satisfy

15 the claim under the provisions of paragraph (2), (3),

16 or (4) of this subsection, upon showing that—

17 ‘‘(A) the carrier or freight forwarder is no

18 longer transporting property or is transporting

19 property for the purpose of avoiding the appli20 cation of this subsection; and

21 ‘‘(B) with respect to the claim—

22 ‘‘(i) the person was offered a trans23 portation rate by the carrier or freight for24 warder other than that legally on file with
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1 the Commission for the transportation

2 service;

3 ‘‘(ii) the person tendered freight to

4 the carrier or freight forwarder in reason5 able reliance upon the offered transpor6 tation rate;

7 ‘‘(iii) the carrier or freight forwarder

8 did not properly or timely file with the

9 Commission a tariff providing for such

10 transportation rate or failed to enter into

11 an agreement for contract carriage;

12 ‘‘(iv) such transportation rate was

13 billed and collected by the carrier or

14 freight forwarder; and

15 ‘‘(v) the carrier or freight forwarder

16 demands additional payment of a higher

17 rate filed in a tariff.

18 If there is a dispute as to the showing under sub19 paragraph (A), such dispute shall be resolved by the

20 court in which the claim is brought. If there is a dis21 pute as to the showing under subparagraph (B),

22 such dispute shall be resolved by the Commission.

23 Pending the resolution of any such dispute, the per24 son shall not have to pay any additional compensa25 tion to the carrier or freight forwarder. Satisfaction
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1 of the claim under paragraph (2), (3), or (4) of this

2 subsection shall be binding on the parties, and the

3 parties shall not be subject to chapter 119 of this

4 title.

5 ‘‘(2) SHIPMENTS WEIGHING 10,000 POUNDS OR

6 LESS.—A person from whom the additional legally

7 applicable and effective tariff rate or charges are

8 sought may elect to satisfy the claim if the ship9 ments each weighed 10,000 pounds or less, by pay10 ment of 15 percent of the difference between the

11 carrier’s applicable and effective tariff rate and the

12 rate originally billed and paid. In the event that a

13 dispute arises as to the rate that was legally applica14 ble to the shipment, such dispute shall be resolved

15 by the Commission.

16 ‘‘(3) SHIPMENTS WEIGHING MORE THAN 10,000

17 POUNDS.—A person from whom the additional le18 gally applicable and effective tariff rate or charges

19 are sought may elect to satisfy the claim if the ship20 ments each weighed more than 10,000 pounds, by

21 payment of 10 percent of the difference between the

22 carrier’s applicable and effective tariff rate and the

23 rate originally billed and paid. In the event that a

24 dispute arises as to the rate that was legally applica-
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1 ble to the shipment, such dispute shall be resolved

2 by the Commission.

3 ‘‘(4) SPECIAL RULE FOR SMALL-BUSINESS CON4 CERNS.—Notwithstanding paragraphs (2) and (3), a

5 person from whom the additional legally applicable

6 and effective tariff rate or charges are sought may

7 elect to satisfy the claim by payment of 5 percent of

8 the difference between the carrier’s applicable and

9 effective tariff rate and the rate originally billed and

10 paid if such person (A) qualifies as a small-business

11 concern under the Small Business Act (15 U.S.C.

12 631 et seq.), (B) is an organization which is de13 scribed in section 501(c)(3) of the Internal Revenue

14 Code of 1986 and exempt from tax under section

15 501(a) of such Code, or (C) is a public warehouse16 man. In the event that a dispute arises as to the

17 rate that was legally applicable to the shipment,

18 such dispute shall be resolved by the Commission.

19 ‘‘(5) EFFECTS OF ELECTION.—When a person

20 from whom additional legally applicable freight rates

21 or charges are sought does not elect to use the pro22 visions of paragraph (2), (3), or (4), the person may

23 pursue all rights and remedies existing under this

24 title.
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1 ‘‘(6) STAY OF ADDITIONAL COMPENSATION.—

2 When a person proceeds under this section to chal3 lenge the reasonableness of the legally applicable

4 freight rate or charges being claimed by a carrier or

5 freight forwarder described in paragraph (1) in addi6 tion to those already billed and collected, the person

7 shall not have to pay any additional compensation to

8 the carrier or freight forwarder until the Commis9 sion has made a determination as to the reasonable10 ness of the challenged rate as applied to the freight

11 of the person against whom the claim is made.

12 ‘‘(7) LIMITATION ON STATUTORY CONSTRUC13 TION.—Except as authorized in paragraphs (2), (3),

14 and (4) of this subsection, nothing in this subsection

15 shall relieve a motor common carrier of the duty to

16 file and adhere to its rates, rules, and classifications

17 as required in sections 10761 and 10762 of this

18 title.

19 ‘‘(8) NOTIFICATION OF ELECTION.—A person

20 must notify the carrier or freight forwarder as to its

21 election to proceed under paragraph (2), (3), or (4).

22 Such election may be made at any time; except that

23 if the carrier or freight forwarder or party represent24 ing such carrier or freight forwarder has notified the

25 person from whom additional freight charges are
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1 sought of the provisions of paragraphs (1) through

2 (7) at the time that the carrier or freight forwarder

3 initially demanded the payment of additional freight

4 charges, such election must be made—

5 ‘‘(A) not later than the later of—

6 ‘‘(i) the 60th day following the filing

7 of an answer to a suit for the collection of

8 such additional legally applicable freight

9 rate or charges, or

10 ‘‘(ii) the 90th day following the date

11 of the enactment of this subsection; or

12 ‘‘(B) in any case in which the demand was

13 made on or before such date of enactment, not

14 later than the 90th day after such date of en15 actment.’’.

16 (b) CONFORMING AMENDMENT.—Subsection (e) of

17 such section is amended by striking ‘‘In’’ and inserting

18 ‘‘Except as provided in subsection (f), in’’.

19 (c) APPLICABILITY.—The amendments made by sub20 sections (a) and (b) of this section shall apply to all claims

21 pending as of the date of the enactment of this Act and

22 to all claims arising from transportation shipments ten23 dered on or before the last day of the 24-month period

24 beginning on such date of enactment.
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1 (d) REPORT.—Not later than 18 months after the

2 date of the enactment of this Act, the Interstate Com3 merce Commission shall transmit to Congress a report re4 garding whether there exists a justification for extending

5 the applicability of amendments made by subsections (a)

6 and (b) of this section beyond the period specified in sub7 section (c).

8 (e) ALTERNATIVE PROCEDURE FOR RESOLVING DIS9 PUTES.—

10 (1) GENERAL RULE.—For purposes of section

11 10701 of title 49, United States Code, it shall be an

12 unreasonable practice for a motor carrier of property

13 (other than a household goods carrier) providing

14 transportation subject to the jurisdiction of the

15 Commission under subchapter II of chapter 105 of

16 such title, a freight forwarder (other than a house17 hold goods freight forwarder), or a party represent18 ing such a carrier or freight forwarder to attempt to

19 charge or to charge for a transportation service pro20 vided before September 30, 1990, the difference be21 tween the applicable rate that is lawfully in effect

22 pursuant to a tariff that is filed in accordance with

23 chapter 107 of such title by the carrier or freight

24 forwarder applicable to such transportation service

25 and the negotiated rate for such transportation serv-
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1 ice if the carrier or freight forwarder is no longer

2 transporting property between places described in

3 section 10521(a)(1) of such title or is transporting

4 property between places described in section

5 10521(a)(1) of such title for the purpose of avoiding

6 the application of this subsection.

7 (2) JURISDICTION OF COMMISSION.—The Com8 mission shall have jurisdiction to make a determina9 tion of whether or not attempting to charge or the

10 charging of a rate by a motor carrier or freight for11 warder or party representing a motor carrier or

12 freight forwarder is an unreasonable practice under

13 paragraph (1). If the Commission determines that

14 attempting to charge or the charging of the rate is

15 an unreasonable practice under paragraph (1), the

16 carrier, freight forwarder, or party may not collect

17 the difference described in paragraph (1) between

18 the applicable rate and the negotiated rate for the

19 transportation service. In making such determina20 tion, the Commission shall consider—

21 (A) whether the person was offered a

22 transportation rate by the carrier or freight for23 warder or party other than that legally on file

24 with the Commission for the transportation

25 service;
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1 (B) whether the person tendered freight to

2 the carrier or freight forwarder in reasonable

3 reliance upon the offered transportation rate;

4 (C) whether the carrier or freight for5 warder did not properly or timely file with the

6 Commission a tariff providing for such trans7 portation rate or failed to enter into an agree8 ment for contract carriage;

9 (D) whether the transportation rate was

10 billed and collected by the carrier or freight for11 warder; and

12 (E) whether the carrier or freight for13 warder or party demands additional payment of

14 a higher rate filed in a tariff.

15 (3) STAY OF ADDITIONAL COMPENSATION.—

16 When a person proceeds under this subsection to

17 challenge the reasonableness of the practice of, or

18 the legally applicable freight rate or charges being

19 claimed by, a motor carrier, freight forwarder, or

20 party described in paragraph (1) in addition to those

21 already billed and collected, the person shall not

22 have to pay any additional compensation to the car23 rier, freight forwarder, or party until the Commis24 sion has made a determination as to the reasonable-
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1 ness of the challenged rate as applied to the freight

2 of the person against whom the claim is made.

3 (4) TREATMENT.—Paragraph (1) of this sub4 section is enacted as an exception, and shall be

5 treated as an exception, to the requirements of sec6 tions 10761(a) and 10762 of title 49, United States

7 Code, relating to a filed tariff rate for a transpor8 tation or service subject to the jurisdiction of the

9 Commission and other general tariff requirements.

10 (5) NONAPPLICABILITY OF NEGOTIATED RATE

11 DISPUTE RESOLUTION PROCEDURE.—If a person

12 elects to seek enforcement of paragraph (1) with re13 spect to a rate for a transportation or service, sec14 tion 10701(f) of title 49, United States Code, as

15 added by subsection (a) of this section, shall not

16 apply to such rate.

17 (6) DEFINITIONS.—For purposes of this sub18 section, the following definitions apply:

19 (A) COMMISSION, HOUSEHOLD GOODS,

20 HOUSEHOLD GOODS FREIGHT FORWARDER, AND

21 MOTOR CARRIER.—The terms ‘‘Commission’’,

22 ‘‘household goods’’, ‘‘household goods freight

23 forwarder’’, and ‘‘motor carrier’’ have the

24 meaning such terms have under section 10102

25 of title 49, United States Code.
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1 (B) NEGOTIATED RATE.—The term ‘‘nego2 tiated rate’’ means a rate, charge, classification,

3 or rule agreed upon by a motor carrier or

4 freight forwarder described in paragraph (1)

5 and a shipper through negotiations pursuant to

6 which no tariff was lawfully and timely filed

7 with the Commission and for which there is

8 written evidence of such agreement.

9 SEC. 3. STATUTE OF LIMITATIONS.

10 (a) MOTOR CARRIER CHARGES.—Section 11706(a)

11 of title 49, United States Code, is amended by striking

12 the period at the end and inserting the following: ‘‘; except

13 that a motor carrier or freight forwarder—

14 ‘‘(1) must begin such a civil action within 2

15 years after the claim accrues if the transportation or

16 service is provided by the carrier in the 1-year pe17 riod beginning on the date of the enactment of the

18 Negotiated Rates Act of 1993; and

19 ‘‘(2) must begin such a civil action within 18

20 months after the claim accrues if the transportation

21 or service is provided by the carrier after the last

22 day of such 1-year period.’’.

23 (b) MOTOR CARRIER OVERCHARGES.—Section

24 11706(b) of title 49, United States Code, is amended by

25 striking ‘‘. If that claim is against a common carrier’’ and
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1 inserting the following: ‘‘; except that a person must begin

2 a civil action to recover overcharges from a motor carrier

3 subject to the jurisdiction of the Commission under sub4 chapter II of chapter 105 of this title for transportation

5 or service—

6 ‘‘(1) within 2 years after the claim accrues if

7 such transportation or service is provided in the 1-

8 year period beginning on the date of the enactment

9 of the Negotiated Rate Act of 1993; and

10 ‘‘(2) within 18 months after the claim accrues

11 if such transportation or service is provided after the

12 last day of such 1-year period.

13 If the claim is against a common carrier’’.

14 (c) CONFORMING AMENDMENT.—Section 11706(d)

15 of title 49, United States Code, is amended—

16 (1) by striking ‘‘3-year period’’ each place it ap17 pears and inserting ‘‘limitations periods’’;

18 (2) by striking ‘‘is extended’’ the first place it

19 appears and inserting ‘‘are extended’’; and

20 (3) by striking ‘‘each’’.

21 SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CAR22 RIERS OF PROPERTY.

23 (a) IN GENERAL.—Chapter 117 of title 49, United

24 States Code, is amended by adding at the end the follow25 ing new section:
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1 ‘‘§ 11712. Tariff reconciliation rules for motor com2 mon carriers of property

3 ‘‘(a) MUTUAL CONSENT.—Subject to Commission re4 view and approval, motor carriers subject to the jurisdic5 tion of the Commission under subchapter II of chapter

6 105 of this title and shippers may resolve, by mutual con7 sent, overcharge and undercharge claims resulting from

8 incorrect tariff provisions or billing errors arising from the

9 inadvertent failure to properly and timely file and main10 tain agreed upon rates, rules, or classifications in compli11 ance with sections 10761 and 10762 of this title. Resolu12 tion of such claims among the parties shall not subject

13 any party to the penalties of chapter 119 of this title.

14 ‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—

15 Nothing in this section shall relieve the motor carrier of

16 the duty to file and adhere to its rates, rules, and classi17 fications as required in sections 10761 and 10762, except

18 as provided in subsection (a) of this section.

19 ‘‘(c) RULEMAKING PROCEEDING.—Not later than 90

20 days after the date of the enactment of this section, the

21 Commission shall institute a proceeding to establish rules

22 pursuant to which the tariff requirements of sections

23 10761 and 10762 of this title shall not apply under cir24 cumstances described in subsection (a) of this section.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 117 of title 49, United States Code, is amended

3 by adding at the end the following:

‘‘11712. Tariff reconciliation rules for motor common carriers of property.’’.

4 SEC. 5. CUSTOMER ACCOUNT CODES.

5 Section 10762 of title 49, United States Code, is

6 amended by adding at the end the following new sub7 section:

8 ‘‘(h) CUSTOMER ACCOUNT CODES.—No tariff filed

9 with the Commission before, on, or after the date of the

10 enactment of this subsection may be held invalid solely on

11 the basis that a numerical or alpha account code is used

12 in such tariff to designate customers or to describe the

13 applicability of rates. For transportation performed on

14 and after the 90th day following such date of enactment,

15 the name of the customer for each account code must be

16 set forth in the tariff.’’.

17 SEC. 6. CONTRACTS OF MOTOR CONTRACT CARRIERS.

18 (a) IN GENERAL.—Section 10702 of title 49, United

19 States Code, is amended by adding at the end the follow20 ing new subsection:

21 ‘‘(c) CONTRACTS OF CARRIAGE FOR MOTOR CON22 TRACT CARRIERS.—

23 ‘‘(1) GENERAL RULE.—A motor contract car24 rier providing transportation subject to the jurisdic25 tion of the Commission under subchapter II of chap-
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1 ter 105 of this title shall enter into a written agree2 ment, separate from the bill of lading or receipt, for

3 each contract for the provision of transportation

4 subject to such jurisdiction which is entered into

5 after the 90th day following the date of the enact6 ment of this subsection.

7 ‘‘(2) MINIMUM CONTENT REQUIREMENTS.—The

8 written agreement shall, at a minimum—

9 ‘‘(A) identify the parties thereto;

10 ‘‘(B) commit the shipper to tender and the

11 carrier to transport a series of shipments;

12 ‘‘(C) contain the contract rate or rates for

13 the transportation service to be or being pro14 vided; and

15 ‘‘(D)(i) provide for the assignment of

16 motor vehicles for a continuing period of time

17 for the exclusive use of the shipper; or

18 ‘‘(ii) provide that the service is designed to

19 meet the distinct needs of the shipper.

20 ‘‘(3) RETENTION BY CARRIER.—All written

21 agreements entered into by a motor contract carrier

22 under paragraph (1) shall be retained by the carrier

23 while in effect and for a minimum period of 3 years

24 thereafter and shall be made available to the Com25 mission upon request.
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1 ‘‘(4) RANDOM AUDITS BY COMMISSION.—The

2 Commission shall conduct periodic random audits to

3 ensure that motor contract carriers are complying

4 with this subsection and are adhering to the rates

5 set forth in their agreements.’’.

6 (b) CIVIL PENALTY.—Section 11901(g) of such title

7 is amended—

8 (1) by inserting ‘‘or enter into or retain a writ9 ten agreement under section 10702(c) of this title’’

10 after ‘‘under this subtitle’’ the first place it appears;

11 and

12 (2) by striking ‘‘or (5)’’ and inserting ‘‘(5) does

13 not comply with section 10702(c) of this title, or

14 (6)’’.

15 (c) CRIMINAL PENALTY.—Section 11909(b) of such

16 title is amended—

17 (1) by inserting ‘‘or enter into or retain a writ18 ten agreement under section 10702(c) of this title’’

19 after ‘‘under this subtitle’’ the first place it appears;

20 and

21 (2) in clause (1) by inserting after ‘‘make that

22 report’’ the following: ‘‘or willfully does not enter

23 into or retain that agreement’’.
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1 SEC. 7. BILLING AND COLLECTING PRACTICES.

2 (a) IN GENERAL.—Subchapter IV of chapter 107 of

3 title 49, United States Code, is amended by adding at the

4 end the following new section:

5 ‘‘§ 10767. Billing and collecting practices

6 ‘‘Not later than 90 days after the date of the enact7 ment of this section, the Commission shall issue regula8 tions prohibiting a motor carrier subject to the jurisdiction

9 of the Commission under subchapter II of chapter 105 of

10 this title from giving a reduction in a rate set forth in

11 its tariff or contract to any person other than the person

12 who is paying for the transportation service and is indi13 cated on the bill of lading or receipt as the person paying

14 for such service.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 such subchapter is amended by adding at the end the fol17 lowing new item:

‘‘10767. Billing and collecting practices.’’.

18 (c) VIOLATION.—

19 (1) IN GENERAL.—Section 11901 of such title

20 is amended by redesignating subsection (l) as sub21 section (m) and by inserting after subsection (k) the

22 following new subsection:

23 ‘‘(l) RATE DISCOUNTS.—A person, or an officer, em24 ployee, or agent of that person, that knowingly pays, ac25 cepts, or solicits a reduced rate in violation of the regula-
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1 tions issued under section 10767 of this title is liable to

2 the United States for a civil penalty of not less than

3 $5,000 for the first violation and not less than $10,000

4 for a subsequent violation.’’.

5 (2) VENUE.—Section 11901(k)(2) of such title

6 is amended by striking ‘‘or (k)’’ and inserting ‘‘(k),

7 or (l)’’.

8 SEC. 8. RESOLUTION OF DISPUTES RELATING TO CON9 TRACT OR COMMON CARRIER CAPACITIES.

10 Section 11101 of title 49, United States Code, is

11 amended by adding at the end the following new sub12 section:

13 ‘‘(d) RESOLUTION OF DISPUTES RELATING TO CON14 TRACT OR COMMON CARRIER CAPACITIES.—If a motor

15 carrier subject to the jurisdiction of the Commission under

16 subchapter II of chapter 105 of this title has authority

17 to provide transportation as both a motor common carrier

18 and a motor contract carrier and a dispute arises as to

19 whether certain transportation is provided in its common

20 carrier or contract carrier capacity and the parties are not

21 able to resolve the dispute consensually, the Commission

22 shall have jurisdiction to, and shall, resolve the dispute.’’.

23 SEC. 9. TRANSPORTATION RESEARCH BOARD STUDY.

24 (a) ARRANGEMENTS WITH NATIONAL ACADEMY OF

25 SCIENCES.—Not later than 30 days after the date of the
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1 enactment of this Act, the Secretary of Transportation

2 shall undertake to enter into appropriate arrangements

3 with the Transportation Research Board to conduct a

4 study of—

5 (1) the benefits to the public of tariff rate fil6 ings by motor carriers of property with the Inter7 state Commerce Commission under chapter 107 of

8 title 49, United States Code;

9 (2) the extent to which the current system for

10 filing of such tariffs is utilized by shippers;

11 (3) the difficulty and cost of determining rates

12 for transportation services under such system; and

13 (4) the number of actions brought before the

14 Commission with respect to such rates.

15 Additional purposes of the study are to determine methods

16 of improving such current system, including determining

17 the feasibility and necessity of establishing an electronic

18 tariff filing system that is capable of receiving, storing,

19 and retrieving data concerning tariffs filed under such

20 chapter for transportation of property and the rates actu21 ally charged for such transportation, the benefits and

22 costs of such an electronic system (including methods for

23 paying for such costs), the demand of shippers for such

24 an electronic system, and the projected difficulty of deter25 mining tariff rates from such an electronic system.
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1 (b) CONSULTATION AND REPORT.—In entering into

2 any arrangements with the Transportation Research Bu3 reau for conducting the study under this section, the Sec4 retary of Transportation shall request the Transportation

5 Research Bureau—

6 (1) to consult with the Department of Trans7 portation, the Interstate Commerce Commission,

8 shippers and motor carriers of property, concerned

9 labor organizations, and manufacturers of computer10 ized telecommunications systems, in conducting such

11 study; and

12 (2) to submit, not later than 18 months after

13 the date of entry into arrangements under sub14 section (a), to the Secretary, the Committee on

15 Commerce, Science, and Transportation of the Sen16 ate, and the Committee on Public Works and Trans17 portation of the House of Representatives a report

18 on the results of such study.

19 The report shall include recommendations of the Trans20 portation Research Bureau with respect to establishment

21 and operation of an electronic tariff filing system and

22 other methods of improving the motor carrier tariff filing

23 system of the Commission.

24 (c) AUTHORIZATION OF APPROPRIATION.—There is

25 authorized to be appropriated to the Secretary of Trans-
23

•HR 2121 SC

1 portation to carry out this section $400,000. Such sums

2 shall remain available until expended.

Æ

HR 2121 SC——2