H. R. 2739—37
(10) the Commission states in its proposed guidelines that
it retains wholly separate guidelines for the determination of
sexual harassment because the Commission believes that sexual
harassment raises issues about human interaction that are
to some extent unique in comparison to other harassment and
may warrant separate treatment; and
(11) the subject of religious harassment also raises issues
about human interaction that are to some extent unique in
comparison to other harassment.
(b) It is the sense of the Senate that, for purposes of issuing
final regulations under title VII of the Civil Rights Act of 1964
in connection with the proposed guidelines published by the Equal
Employment Opportunity Commission on October 1, 1993 (58 Fed.
Reg. 51266)—
(1) the category of religion should be withdrawn from the
proposed guidelines at this time;
(2) any new guidelines for the determination of religious
harassment should be drafted so as to make explicitly clear
that symbols or expressions of religious belief consistent with
the first amendment and the Religious Freedom Restoration
Act of 1993 are not to be restricted and do not constitute
proof of harassment;
(3) the Commission should hold public hearings on such
new proposed guidelines; and
(4) the Commission should receive additional public com-
ment before issuing similar new regulations.
TITLE VI—INTRASTATE
TRANSPORTATION OF PROPERTY
SEC. 601. PREEMPTION OF INTRASTATE TRANSPORTATION OF PROP-
ERTY.
(a) FINDINGS.—Congress finds and declares that—
(1) the regulation of intrastate transportation of property
by the States has—
(A) imposed an unreasonable burden on interstate com-
merce;
(B) impeded the free flow of trade, traffic, and transpor-
tation of interstate commerce; and
(C) placed an unreasonable cost on the American
consumers; and
(2) certain aspects of the State regulatory process should
be preempted.
(b) TRANSPORTATION BY AIR CARRIER OR CARRIER AFFILIATED
WITH A DIRECT AIR CARRIER.—
(1) IN GENERAL.—Section 41713(b) is amended by adding
at the end the following new paragraph:
‘‘(4) TRANSPORTATION BY AIR CARRIER OR CARRIER AFFILI-
ATED WITH A DIRECT AIR CARRIER.—
‘‘(A) GENERAL RULE.—Except as provided in subpara-
graph (B), a State, political subdivision of a State, or politi-
cal authority of 2 or more States may not enact or enforce
a law, regulation, or other provision having the force and
effect of law related to a price, route, or service of an
air carrier or carrier affiliated with a direct air carrier
through common controlling ownership when such carrier
H. R. 2739—38
is transporting property by aircraft or by motor vehicle
(whether or not such property has had or will have a
prior or subsequent air movement).
‘‘(B) MATTERS NOT COVERED.—Subparagraph (A)—
‘‘(i) shall not restrict the safety regulatory author-
ity of a State with respect to motor vehicles, the author-
ity of a State to impose highway route controls or
limitations based on the size or weight of the motor
vehicle or the hazardous nature of the cargo, or the
authority of a State to regulate motor carriers with
regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization; and
‘‘(ii) does not apply to the transportation of house-
hold goods, as defined in section 10102 of this title.
‘‘(C) APPLICABILITY OF PARAGRAPH (1).—This paragraph
shall not limit the applicability of paragraph (1).’’.
(2) CONFORMING AMENDMENTS.—
(A) SECTION 41713.—Section 41713(b)(2) is amended by
striking ‘‘Paragraph (1) of this subsection does’’ and insert-
ing ‘‘Paragraphs (1) and (4) of this subsection do’’.
(B) SECTION 40102.—Section 40102(a)(35) is amended
by striking ‘‘for air transportation’’.
(C) SECTION 10521.—Section 10521(b)(1) is amended by
striking ‘‘and 11501(e)’’ and inserting ‘‘11501(e), and
11501(h)’’.
(c) TRANSPORTATION
BY MOTOR CARRIER.—Section 11501 is
amended by adding at the end the following new subsection:
‘‘(h) PREEMPTION OF STATE ECONOMIC REGULATION OF MOTOR
CARRIERS.—
‘‘(1) GENERAL
RULE.—Except as provided in paragraphs
(2) and (3), a State, political subdivision of a State, or political
authority of 2 or more States may not enact or enforce a
law, regulation, or other provision having the force and effect
of law related to a price, route, or service of any motor carrier
(other than a carrier affiliated with a direct air carrier covered
by section 41713(b)(4) of this title) or any motor private carrier
with respect to the transportation of property.
‘‘(2) MATTERS NOT COVERED.—Paragraph (1)—
‘‘(A) shall not restrict the safety regulatory authority
of a State with respect to motor vehicles, the authority
of a State to impose highway route controls or limitations
based on the size or weight of the motor vehicle or the
hazardous nature of the cargo, or the authority of a State
to regulate motor carriers with regard to minimum
amounts of financial responsibility relating to insurance
requirements and self-insurance authorization; and
‘‘(B) does not apply to the transportation of household
goods.
‘‘(3) STATE STANDARD TRANSPORTATION PRACTICES.—
‘‘(A) CONTINUATION.—Paragraph (1) shall not affect any
authority of a State, political subdivision of a State, or
political authority of 2 or more States to enact or enforce
a law, regulation, or other provision, with respect to the
intrastate transportation of property by motor carriers,
related to—
‘‘(i) uniform cargo liability rules,
H. R. 2739—39
‘‘(ii) uniform bills of lading or receipts for property
being transported,
‘‘(iii) uniform cargo credit rules, or
‘‘(iv) antitrust immunity for joint line rates or
routes, classifications and mileage guides,
if such law, regulation, or provision meets the requirements
of subparagraph (B).
‘‘(B) REQUIREMENTS.—A law, regulation, or provision
of a State, political subdivision, or political authority meets
the requirements of this subparagraph if—
‘‘(i) the law, regulation, or provision covers the
same subject matter as, and compliance with such
law, regulation, or provision is no more burdensome
than compliance with, a provision of this subtitle or
a regulation issued by the Interstate Commerce
Commission or the Secretary of Transportation under
this subtitle; and
‘‘(ii) the law, regulation, or provision only applies
to a carrier upon request of such carrier.
‘‘(C) ELECTION.—Notwithstanding any other provision
of law, a carrier affiliated with a direct air carrier through
common controlling ownership may elect to be subject to
a law, regulation, or provision of a State, political subdivi-
sion, or political authority under this paragraph.’’.
(d) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on January 1, 1995; except that
with respect to the State of Hawaii the amendment made by sub-
section (c) shall take effect on the last day of the 3-year period
beginning on the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.