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. COP-
PERSMITH, 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. BAR-
LOW, 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. SLAT-
TERY, 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. GLICK-
MAN, 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. LIGHT-
FOOT, 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 Wis-
consin, 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
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. SEN-
SENBRENNER, Mr. CALVERT, Mr. SHAW, Mr. CASTLE, Mr. SMITH of Or-
egon, 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. THOMP-
SON, 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 proce-
dures for resolving claims involving unfiled, negotiated
transportation rates, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Negotiated Rates Act
of 1993’’.
SEC. 2. PROCEDURES FOR RESOLVING CLAIMS INVOLVING
UNFILED, 
NEGOTIATED 
TRANSPORTATION
RATES.
(a) IN GENERAL.—Section 10701 of title 49, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(f) PROCEDURES FOR RESOLVING CLAIMS INVOLV-
ING UNFILED, NEGOTIATED TRANSPORTATION RATES.—
‘‘(1) IN GENERAL.—When a claim is made by
a motor carrier of property (other than a household
goods carrier) providing transportation subject to
the jurisdiction of the Commission under subchapter
II of chapter 105 of this title, by a freight forwarder
(other than a household goods freight forwarder), or
by a party representing such a carrier or freight for-
warder regarding the collection of rates or charges
for such transportation in addition to those origi-
nally billed and collected by the carrier or freight
forwarder for such transportation, the person
against whom the claim is made may elect to satisfy
the claim under the provisions of paragraph (2), (3),
or (4) of this subsection, upon showing that—
‘‘(A) the carrier or freight forwarder is no
longer transporting property or is transporting
property for the purpose of avoiding the appli-
cation of this subsection; and
‘‘(B) with respect to the claim—
‘‘(i) the person was offered a trans-
portation rate by the carrier or freight for-
warder other than that legally on file with
the Commission for the transportation
service;
‘‘(ii) the person tendered freight to
the carrier or freight forwarder in reason-
able reliance upon the offered transpor-
tation rate;
‘‘(iii) the carrier or freight forwarder
did not properly or timely file with the
Commission a tariff providing for such
transportation rate or failed to enter into
an agreement for contract carriage;
‘‘(iv) such transportation rate was
billed and collected by the carrier or
freight forwarder; and
‘‘(v) the carrier or freight forwarder
demands additional payment of a higher
rate filed in a tariff.
If there is a dispute as to the showing under sub-
paragraph (A), such dispute shall be resolved by the
court in which the claim is brought. If there is a dis-
pute as to the showing under subparagraph (B),
such dispute shall be resolved by the Commission.
Pending the resolution of any such dispute, the per-
son shall not have to pay any additional compensa-
tion to the carrier or freight forwarder. Satisfaction
of the claim under paragraph (2), (3), or (4) of this
subsection shall be binding on the parties, and the
parties shall not be subject to chapter 119 of this
title.
‘‘(2) SHIPMENTS WEIGHING 10,000 POUNDS OR
LESS.—A person from whom the additional legally
applicable and effective tariff rate or charges are
sought may elect to satisfy the claim if the ship-
ments each weighed 10,000 pounds or less, by pay-
ment of 15 percent of the difference between the
carrier’s applicable and effective tariff rate and the
rate originally billed and paid. In the event that a
dispute arises as to the rate that was legally applica-
ble to the shipment, such dispute shall be resolved
by the Commission.
‘‘(3) SHIPMENTS WEIGHING MORE THAN 10,000
POUNDS.—A person from whom the additional le-
gally applicable and effective tariff rate or charges
are sought may elect to satisfy the claim if the ship-
ments each weighed more than 10,000 pounds, by
payment of 10 percent of the difference between the
carrier’s applicable and effective tariff rate and the
rate originally billed and paid. In the event that a
dispute arises as to the rate that was legally applica-
ble to the shipment, such dispute shall be resolved
by the Commission.
‘‘(4) SPECIAL RULE FOR SMALL-BUSINESS CON-
CERNS.—Notwithstanding paragraphs (2) and (3), a
person from whom the additional legally applicable
and effective tariff rate or charges are sought may
elect to satisfy the claim by payment of 5 percent of
the difference between the carrier’s applicable and
effective tariff rate and the rate originally billed and
paid if such person (A) qualifies as a small-business
concern under the Small Business Act (15 U.S.C.
631 et seq.), (B) is an organization which is de-
scribed in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section
501(a) of such Code, or (C) is a public warehouse-
man. 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.
‘‘(5) EFFECTS OF ELECTION.—When a person
from whom additional legally applicable freight rates
or charges are sought does not elect to use the pro-
visions of paragraph (2), (3), or (4), the person may
pursue all rights and remedies existing under this
title.
‘‘(6) STAY OF ADDITIONAL COMPENSATION.—
When a person proceeds under this section to chal-
lenge the reasonableness of the legally applicable
freight rate or charges being claimed by a carrier or
freight forwarder described in paragraph (1) in addi-
tion to those already billed and collected, the person
shall not have to pay any additional compensation to
the carrier or freight forwarder until the Commis-
sion has made a determination as to the reasonable-
ness of the challenged rate as applied to the freight
of the person against whom the claim is made.
‘‘(7) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Except as authorized in paragraphs (2), (3),
and (4) of this subsection, nothing in this subsection
shall relieve a motor common carrier of the duty to
file and adhere to its rates, rules, and classifications
as required in sections 10761 and 10762 of this
title.
‘‘(8) NOTIFICATION OF ELECTION.—A person
must notify the carrier or freight forwarder as to its
election to proceed under paragraph (2), (3), or (4).
Such election may be made at any time; except that
if the carrier or freight forwarder or party represent-
ing such carrier or freight forwarder has notified the
person from whom additional freight charges are
sought of the provisions of paragraphs (1) through
(7) at the time that the carrier or freight forwarder
initially demanded the payment of additional freight
charges, such election must be made—
‘‘(A) not later than the later of—
‘‘(i) the 60th day following the filing
of an answer to a suit for the collection of
such additional legally applicable freight
rate or charges, or
‘‘(ii) the 90th day following the date
of the enactment of this subsection; or
‘‘(B) in any case in which the demand was
made on or before such date of enactment, not
later than the 90th day after such date of en-
actment.’’.
(b) CONFORMING AMENDMENT.—Subsection (e) of
such section is amended by striking ‘‘In’’ and inserting
‘‘Except as provided in subsection (f), in’’.
(c) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) of this section shall apply to all claims
pending as of the date of the enactment of this Act and
to all claims arising from transportation shipments ten-
dered on or before the last day of the 24-month period
beginning on such date of enactment.
(d) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Interstate Com-
merce Commission shall transmit to Congress a report re-
garding whether there exists a justification for extending
the applicability of amendments made by subsections (a)
and (b) of this section beyond the period specified in sub-
section (c).
(e) ALTERNATIVE PROCEDURE FOR RESOLVING DIS-
PUTES.—
(1) GENERAL RULE.—For purposes of section
10701 of title 49, United States Code, it shall be an
unreasonable practice for a motor carrier of property
(other than a household goods carrier) providing
transportation subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of
such title, a freight forwarder (other than a house-
hold goods freight forwarder), or a party represent-
ing such a carrier or freight forwarder to attempt to
charge or to charge for a transportation service pro-
vided before September 30, 1990, the difference be-
tween the applicable 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 applicable to such transportation service
and the negotiated rate for such transportation serv-
ice 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 
section
10521(a)(1) of such title for the purpose of avoiding
the application of this subsection.
(2) JURISDICTION OF COMMISSION.—The Com-
mission shall have jurisdiction to make a determina-
tion of whether or not attempting to charge or the
charging of a rate by a motor carrier or freight for-
warder or party representing a motor carrier or
freight forwarder is an unreasonable practice under
paragraph (1). If the Commission determines that
attempting to charge or the charging of the rate is
an unreasonable practice under paragraph (1), the
carrier, freight forwarder, or party may not collect
the difference described in paragraph (1) between
the applicable rate and the negotiated rate for the
transportation service. In making such determina-
tion, the Commission shall consider—
(A) whether the person was offered a
transportation rate by the carrier or freight for-
warder or party other than that legally on file
with the Commission for the transportation
service;
(B) whether the person tendered freight to
the carrier or freight forwarder in reasonable
reliance upon the offered transportation rate;
(C) whether the carrier or freight for-
warder did not properly or timely file with the
Commission a tariff providing for such trans-
portation rate or failed to enter into an agree-
ment for contract carriage;
(D) whether the transportation rate was
billed and collected by the carrier or freight for-
warder; and
(E) whether the carrier or freight for-
warder or party demands additional payment of
a higher rate filed in a tariff.
(3) STAY
OF
ADDITIONAL
COMPENSATION.—
When a person proceeds under this subsection to
challenge the reasonableness of the practice of, or
the legally applicable freight rate or charges being
claimed by, a motor carrier, freight forwarder, or
party described in paragraph (1) in addition to those
already billed and collected, the person shall not
have to pay any additional compensation to the car-
rier, freight forwarder, or party until the Commis-
sion has made a determination as to the reasonable-
ness of the challenged rate as applied to the freight
of the person against whom the claim is made.
(4) TREATMENT.—Paragraph (1) of this sub-
section is enacted as an exception, and shall be
treated as an exception, to the requirements of sec-
tions 10761(a) and 10762 of title 49, United States
Code, relating to a filed tariff rate for a transpor-
tation or service subject to the jurisdiction of the
Commission and other general tariff requirements.
(5) NONAPPLICABILITY OF NEGOTIATED RATE
DISPUTE
RESOLUTION
PROCEDURE.—If a person
elects to seek enforcement of paragraph (1) with re-
spect to a rate for a transportation or service, sec-
tion 10701(f) of title 49, United States Code, as
added by subsection (a) of this section, shall not
apply to such rate.
(6) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
(A) COMMISSION, 
HOUSEHOLD
GOODS,
HOUSEHOLD GOODS FREIGHT FORWARDER, AND
MOTOR
CARRIER.—The terms ‘‘Commission’’,
‘‘household goods’’, ‘‘household goods freight
forwarder’’, and ‘‘motor carrier’’ have the
meaning such terms have under section 10102
of title 49, United States Code.
(B) NEGOTIATED RATE.—The term ‘‘nego-
tiated rate’’ means a rate, charge, classification,
or rule agreed upon by a motor carrier or
freight forwarder described in paragraph (1)
and a shipper through negotiations pursuant to
which no tariff was lawfully and timely filed
with the Commission and for which there is
written evidence of such agreement.
SEC. 3. STATUTE OF LIMITATIONS.
(a) 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 motor carrier or freight forwarder—
‘‘(1) must begin such a civil action within 2
years after the claim accrues if the transportation or
service is provided by the carrier in the 1-year pe-
riod beginning on the date of the enactment of the
Negotiated Rates Act of 1993; and
‘‘(2) must begin such a civil action within 18
months after the claim accrues if the transportation
or service is provided by the carrier after the last
day of such 1-year period.’’.
(b) 
MOTOR
CARRIER
OVERCHARGES.—Section
11706(b) of title 49, United States Code, is amended by
striking ‘‘. If that claim is against a common carrier’’ and
inserting the following: ‘‘; except that a person must begin
a civil action to recover overcharges from a motor carrier
subject to the jurisdiction of the Commission under sub-
chapter II of chapter 105 of this title for transportation
or service—
‘‘(1) within 2 years after the claim accrues if
such transportation or service is provided in the 1-
year period beginning on the date of the enactment
of the Negotiated Rate Act of 1993; and
‘‘(2) within 18 months after the claim accrues
if such transportation or service is provided after the
last day of such 1-year period.
If the claim is against a common carrier’’.
(c) CONFORMING AMENDMENT.—Section 11706(d)
of title 49, United States Code, is amended—
(1) by striking ‘‘3-year period’’ each place it ap-
pears and inserting ‘‘limitations periods’’;
(2) by striking ‘‘is extended’’ the first place it
appears and inserting ‘‘are extended’’; and
(3) by striking ‘‘each’’.
SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CAR-
RIERS OF PROPERTY.
(a) IN GENERAL.—Chapter 117 of title 49, United
States Code, is amended by adding at the end the follow-
ing 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 and timely file and main-
tain agreed upon rates, rules, or classifications in compli-
ance with sections 10761 and 10762 of this title. Resolu-
tion 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.’’.
(b) 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.’’.
SEC. 5. CUSTOMER ACCOUNT CODES.
Section 10762 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(h) 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 the tariff.’’.
SEC. 6. CONTRACTS OF MOTOR CONTRACT CARRIERS.
(a) IN GENERAL.—Section 10702 of title 49, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(c) CONTRACTS OF CARRIAGE FOR MOTOR CON-
TRACT CARRIERS.—
‘‘(1) GENERAL RULE.—A motor contract car-
rier providing transportation subject to the jurisdic-
tion of the Commission under subchapter II of chap-
ter 105 of this title shall enter into a written agree-
ment, separate from the bill of lading or receipt, for
each contract for the provision of transportation
subject to such jurisdiction which is entered into
after the 90th day following the date of the enact-
ment of this subsection.
‘‘(2) MINIMUM CONTENT REQUIREMENTS.—The
written agreement shall, at a minimum—
‘‘(A) identify the parties thereto;
‘‘(B) commit the shipper to tender and the
carrier to transport a series of shipments;
‘‘(C) contain the contract rate or rates for
the transportation service to be or being pro-
vided; and
‘‘(D)(i) provide for the assignment of
motor vehicles for a continuing period of time
for the exclusive use of the shipper; or
‘‘(ii) provide that the service is designed to
meet the distinct needs of the shipper.
‘‘(3) RETENTION
BY
CARRIER.—All written
agreements entered into by a motor contract carrier
under paragraph (1) shall be retained by the carrier
while in effect and for a minimum period of 3 years
thereafter and shall be made available to the Com-
mission upon request.
‘‘(4) RANDOM
AUDITS
BY
COMMISSION.—The
Commission shall conduct periodic random audits to
ensure that motor contract carriers are complying
with this subsection and are adhering to the rates
set forth in their agreements.’’.
(b) CIVIL PENALTY.—Section 11901(g) of such title
is amended—
(1) by inserting ‘‘or enter into or retain a writ-
ten agreement under section 10702(c) of this title’’
after ‘‘under this subtitle’’ the first place it appears;
and
(2) by striking ‘‘or (5)’’ and inserting ‘‘(5) does
not comply with section 10702(c) of this title, or
(6)’’.
(c) CRIMINAL PENALTY.—Section 11909(b) of such
title is amended—
(1) by inserting ‘‘or enter into or retain a writ-
ten agreement under section 10702(c) of this title’’
after ‘‘under this subtitle’’ the first place it appears;
and
(2) in clause (1) by inserting after ‘‘make that
report’’ the following: ‘‘or willfully does not enter
into or retain that agreement’’.
SEC. 7. BILLING AND COLLECTING PRACTICES.
(a) IN GENERAL.—Subchapter IV of chapter 107 of
title 49, United States Code, is amended by adding at the
end the following new section:
‘‘§ 10767. Billing and collecting practices
‘‘Not later than 90 days after the date of the enact-
ment of this section, the Commission shall issue regula-
tions prohibiting a motor carrier subject to the jurisdiction
of the Commission under subchapter II of chapter 105 of
this title from giving a reduction in a rate set forth in
its tariff or contract to any person other than the person
who is paying for the transportation service and is indi-
cated on the bill of lading or receipt as the person paying
for such service.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such subchapter is amended by adding at the end the fol-
lowing new item:
‘‘10767. Billing and collecting practices.’’.
(c) VIOLATION.—
(1) IN GENERAL.—Section 11901 of such title
is amended by redesignating subsection (l) as sub-
section (m) and by inserting after subsection (k) the
following new subsection:
‘‘(l) RATE DISCOUNTS.—A person, or an officer, em-
ployee, or agent of that person, that knowingly pays, ac-
cepts, or solicits a reduced rate in violation of the regula-
tions issued under section 10767 of this title is liable to
the United States for a civil penalty of not less than
$5,000 for the first violation and not less than $10,000
for a subsequent violation.’’.
(2) VENUE.—Section 11901(k)(2) of such title
is amended by striking ‘‘or (k)’’ and inserting ‘‘(k),
or (l)’’.
SEC. 8. RESOLUTION OF DISPUTES RELATING TO CON-
TRACT OR COMMON CARRIER CAPACITIES.
Section 11101 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) RESOLUTION OF DISPUTES RELATING TO CON-
TRACT OR COMMON CARRIER CAPACITIES.—If a motor
carrier subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title has authority
to provide transportation as both a motor common carrier
and a motor contract carrier and a dispute arises as to
whether certain transportation is provided in its common
carrier or contract carrier capacity and the parties are not
able to resolve the dispute consensually, the Commission
shall have jurisdiction to, and shall, resolve the dispute.’’.
SEC. 9. TRANSPORTATION RESEARCH BOARD STUDY.
(a) ARRANGEMENTS WITH NATIONAL ACADEMY OF
SCIENCES.—Not later than 30 days after the date of the
enactment of this Act, the Secretary of Transportation
shall undertake to enter into appropriate arrangements
with the Transportation Research Board to conduct a
study of—
(1) the benefits to the public of tariff rate fil-
ings by motor carriers of property with the Inter-
state Commerce Commission under chapter 107 of
title 49, United States Code;
(2) the extent to which the current system for
filing of such tariffs is utilized by shippers;
(3) the difficulty and cost of determining rates
for transportation services under such system; and
(4) the number of actions brought before the
Commission with respect to such rates.
Additional purposes of the study are to determine methods
of improving such current system, including determining
the feasibility and necessity of establishing an electronic
tariff filing system that is capable of receiving, storing,
and retrieving data concerning tariffs filed under such
chapter for transportation of property and the rates actu-
ally charged for such transportation, the benefits and
costs of such an electronic system (including methods for
paying for such costs), the demand of shippers for such
an electronic system, and the projected difficulty of deter-
mining tariff rates from such an electronic system.
(b) CONSULTATION AND REPORT.—In entering into
any arrangements with the Transportation Research Bu-
reau for conducting the study under this section, the Sec-
retary of Transportation shall request the Transportation
Research Bureau—
(1) to consult with the Department of Trans-
portation, the Interstate Commerce Commission,
shippers and motor carriers of property, concerned
labor organizations, and manufacturers of computer-
ized telecommunications systems, in conducting such
study; and
(2) to submit, not later than 18 months after
the date of entry into arrangements under sub-
section (a), to the Secretary, the Committee on
Commerce, Science, and Transportation of the Sen-
ate, and the Committee on Public Works and Trans-
portation of the House of Representatives a report
on the results of such study.
The report shall include recommendations of the Trans-
portation Research Bureau with respect to establishment
and operation of an electronic tariff filing system and
other methods of improving the motor carrier tariff filing
system of the Commission.
(c) AUTHORIZATION OF APPROPRIATION.—There is
authorized to be appropriated to the Secretary of Trans-
portation to carry out this section $400,000. Such sums
shall remain available until expended.
Æ
HR 2121 SC——2