(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 ‘‘dock-
eting’’.
(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 transpor-
tation 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 de-
fined 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 in-
serting ‘‘(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 sub-
section 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 de-
fined 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 deter-
mined, as defined in section 10102(13), or estab-
lished 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 prop-
erty other than household goods under rates that are inde-
pendently 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 rep-
resenting such a carrier or freight forwarder (hereinafter
in this section referred to as a ‘‘representative’’) to at-
tempt 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 Com-
mission shall have exclusive jurisdiction to make a deter-
mination 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 transpor-
tation 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 reason-
ableness of the practice of, or the legally applicable freight
rate or charges being claimed by, a carrier, freight for-
warder, or representative described in subsection (a) in ad-
dition 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 Com-
mission has made a determination as to the reasonable-
ness 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 dif-
ference between the carrier’s legally applicable and effec-
tive 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 ad-
ditional legally applicable and effective tariff rate or
charges are sought may elect to satisfy such claim by pay-
ment 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 notifi-
cation by the claimant or plaintiff of the election provi-
sions 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 provi-
sions 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, relat-
ing 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 mean-
ing such terms have under section 10102 of title 49,
United States Code.
(2) NONHOUSEHOLD
GOODS
FREIGHT
FOR-
WARDER.—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 ship-
per through negotiations pursuant to which no tariff
was lawfully or timely filed with the Commission and
for which there is written evidence of such agree-
ment.
(j) STATUTE OF LIMITATIONS.—
(1) 
MOTOR
CARRIER
CHARGES.—Section
11706(a) of title 49, United States Code, is amend-
ed by striking the period at the end and inserting
the following: ‘‘; except that a common carrier pro-
viding transportation or service subject to the juris-
diction 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 transpor-
tation or service is provided by the carrier on or
after the date that is 1 year after such date of en-
actment.’’.
(2) MOTOR
CARRIER
OVERCHARGES.—Section
11706(b) of title 49, United States Code, is amend-
ed by striking the period at the end of the first sen-
tence and inserting the following: ‘‘except that a per-
son 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 enact-
ment 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 ac-
crues, such a civil action for transportation or serv-
ice 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 amend-
ed 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:
‘‘§ 11712. Tariff reconciliation rules for motor com-
mon carriers of property
‘‘(a) MUTUAL CONSENT.—Subject to Commission re-
view and approval, motor carriers subject to the jurisdic-
tion of the Commission under subchapter II of chapter
105 of this title and shippers may resolve, by mutual con-
sent, 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 classi-
fications 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 cir-
cumstances 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 tar-
iff publication override regulations of the Commission.’’.
(n) FAILURE TO PARTICIPATE
IN AGENT’S TAR-
IFF.—Section 10762(b)(1) of title 49, United States Code,
is amended by inserting after the first sentence the follow-
ing new sentence: ‘‘Regulations of the Commission relat-
ing 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 amend-
ments 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 con-
tract 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 fol-
lowing: ‘‘(excluding a motor common carrier provid-
ing transportation of property other than household
goods under independently determined rates, as de-
fined 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 inde-
pendently determined rates, as defined in section
10102(13), or rates established by independent ac-
tion, as defined in section 10102(16)(A) of this
title)’’ after ‘‘A motor common carrier’’ in the sec-
ond sentence and after ‘‘that motor common car-
riers’’ in the third sentence;
(2) by inserting after the third sentence the fol-
lowing 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 pas-
sengers)’’ after ‘‘contract carrier’’.
(f) Section 11916 of title 49, United States Code, is
amended—
(1) by striking ‘‘When’’ and inserting ‘‘(a) Ex-
cept as provided in subsection (b), when’’;
(2) by adding at the end the following new sub-
section:
‘‘(b) When a motor common carrier providing trans-
portation of property other than household goods files with
the Commission or publishes a particular rate under chap-
ter 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 Com-
mission under section 10706(b), then the published or
filed rate is conclusive proof against that carrier, its offi-
cers, and agents that it is the maximum legal rate for that
transportation or service in a proceeding begun under sec-
tion 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 oppor-
tunity for comment, the proper use of safety ratings (espe-
cially 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 Trans-
portation, shall determine by rule, after notice and oppor-
tunity for comment, appropriate procedures by which the
Commission may suspend or revoke the certificates of car-
riers that fail to meet the safety fitness requirements de-
scribed in subsection (a) and any other safety require-
ments 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 Com-
mission, 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 re-
quirements 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 in-
serting the following: ‘‘any evidence demonstrating
that the applicant is unable to comply with this sub-
title, the regulations of the Commission, Commission
safety requirements, or the safety fitness and mini-
‘‘(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 sub-
title, the regulations of the Commission, Commission safe-
ty requirements, or the safety fitness or minimum finan-
cial 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 pas-
sengers’’ 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 sub-
sections (c), (d), (e), and (f), respectively, and by inserting
after subsection (a) the following new subsection:
‘‘(b) PERMITS
TO NONPASSENGER MOTOR CON-
TRACT 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 Commis-
sion under subchapter II of chapter 105 of this title as
a motor contract carrier (other than a motor contract car-
rier of passengers) if the Commission finds that the person
is able to comply with—
‘‘(1) this subtitle, the regulations of the Com-
mission, 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 re-
quirements 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 con-
sider—’’ 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 fit-
ness and minimum financial responsibility require-
ments 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 require-
ments 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 para-
graph (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 sub-
title, the regulations of the Commission, Commission safe-
ty requirements, or the safety fitness or minimum finan-
cial responsibility requirements of paragraph (1) of this
subsection.’’.
(d) CONDITIONS.—Section 10923(e) of title 49, Unit-
ed 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 per-
sons’’; 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 sub-
ject to the jurisdiction of the Commission under sub-
chapter 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 speci-
fied 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 subpara-
graph (A);
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing 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 ‘‘pas-
sengers’’; and
(3) by striking ‘‘property.’’ and inserting ‘‘prop-
erty or has failed to meet the safety fitness stand-
ards established by the Secretary pursuant to sec-
tion 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 transpor-
tation of property (other than household goods)
provided by a motor carrier’’ after ‘‘rail car-
rier’’; 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 car-
rier 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, in-
cluding licensing, tariff filing, contracts, rates, clas-
sifications, 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 ap-
plicable 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 house-
hold goods) provided by a motor carrier described in para-
graph (1) of this subsection shall (i) submit to the Com-
mission 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
(1) in subparagraph (A)—
(A) by inserting ‘‘intrastate motor carrier
transportation of property (other than house-
hold 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 pro-
viding transportation of property (other than
household goods)’’ after ‘‘provided by a rail car-
rier’’;
(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 ‘‘de-
termined,’’ 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 pro-
ceeding of any State authority in which the lawful-
ness of intrastate motor carrier transportation of
property (other than household goods) is decided
may petition the Commission to review that deci-
sion’’;
(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 au-
thority 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 sen-
tence: ‘‘The authority of the Commission under this
subsection shall include the authority to issue a cer-
tificate under the standards of section 10922 and a
permit under the standards of section 10923 author-
izing 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.—Sec-
tion 11501(d) of title 49, United States Code, is amend-
ed—
(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’’.
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