Negotiated Rates Act of 1993
PL 103-180 (S.412), enacted 12/03/1993

107 STAT. 2044 
PUBLIC LAW 103-180—DEC. 3, 1993 
Public Law 103-180 
103d Congress 
An Act 
Dec. 3, 1993 
[S. 412] 
Negotiated 
Rates Act of 
1993 
49 use 10101 
note. 
To amend title 49, United States Code, relating to procedures for resolving claims 
involving unfiled, negotiated transportation rates, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "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 following: 
"(f) PROCEDURES FOR RESOLVING CLAIMS INVOLVING 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 forwarder 
regarding the collection of rates or charges for such transpor-
tation in addition to those originally 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 application of tms subsection; and 
"(B) with respect to the claim— 
"(i) the person was offered a transportation rate 
by the carrier or freight forwarder other than that 
legally on file with the Commission for the transpor-
tation service; 
"(ii) the person tendered freight to the carrier or 
freight forwarder in reasonable reliance upon the 
offered transportation rate; 
"(iii) the carrier or freight forwarder did not prop-
erly or timely file with the Commission a tariff provid-
ing for such transportation rate or failed to enter into 
an agi eement for contract carriage; 
(iv) such transportation rate was billed and col-
lected by the carrier or freight forwarder; and 
PUBLIC LAW 103-180—DEC. 3, 1993 
107 STAT. 2045 
"(v) the carrier or freight forwarder demands addi-
tional pa3mient of a higher rate filed in a tariff. 
If there is a dispute as to the showing under subparagraph 
(A), such dispute shall be resolved by the court in which the 
claim is brought. If there is a dispute as to the showing under 
subparagraph (B), such dispute shall be resolved by the 
Commission. Pending the resolution of any such dispute, the 
person shall not have to pay any additional compensation 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) CLAIMS INVOLVING SHIPMENTS WEIGHING IO,OOO 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 shipments each weighed 10,000 pounds 
or less, by payment of 20 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 applicable to the shipment, 
such dispute shall be resolved by the Commission. 
"(3) CLAIMS INVOLVING SHIPMENTS WEIGHING MORE THAN 
10,000 POUNDS.—^A person from whom the additional legally 
applicable and effective tariff rate or charges are sought may 
elect to satisfy the claim if the shipments each weighed more 
than 10,000 pounds, by payment 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 applicable to the shipment, 
such dispute shall be resolved by the Cfommission. 
"(4) CLAIMS IN^WLVING PUBLIC WAREHOUSEMEN.—Notwith-
standing 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 pa3anent 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 is a public warehouseman. 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 Cfommis-
sion. 
"(5) EFFECTS OF ELECTION.—^When a person from whom 
additional legally applicable freight rates or charges are sought 
does not elect to use the provisions 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 challenge the reasonableness 
of the legally applicable freight rate or charges being claimed 
by a carrier or freight forwarder described in paragraph (1) 
in addition to those already billed and collected, the person 
shall not have to pay any additional compensation to the carrier 
or freight forwarder until the Commission has made a deter-
mination as to the reasonableness of the challenged rate as 
applied to the freight of the person against whom the claim 
is made. 
"(7) LIMITATION ON STATUTORY CONSTRUCTION.—Except as 
authorized in paragraphs (2), (3), (4), and (9) of this subsection. 
107 STAT. 2046 
PUBLIC LAW 103-180—DEC. 3, 1993 
nothing in this subsection shall relieve a motor common carrier 
of the duty to file and adhere to its rates, rules, and classifica-
tions as required in sections 10761 and 10762 of this title. 
"(8) NOTIFICATION OF ELECTION.— 
"(A) GENERAL RULE.—^A person must notify the carrier 
or freight forwarder as to its election to proceed under 
paragraph (2), (3), or (4). Except as provided in subpara-
graphs (B), (C), and (D), such election may be made at 
any time. 
"(B) 
DEMANDS FOR PAYMENT INITIALLY MADE AFTER 
DATE OF ENACTMENT.—If the carrier or freight forwarder 
or party representing such carrier or freight forwarder 
initially demands the pa3maent of additional freight charges 
after the date of the enactment of this subsection and 
notifies the person from whom additional freight charges 
are sought of the provisions of paragraphs (1) through 
(7) at the time of the making of such initial demand, 
the election must be made 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 enact-
ment of this subsection. 
"(C) PENDING SUITS FOR COLLECTION MADE BEFORE OR 
ON DATE OF ENACTMENT.—If the carrier or freight forwarder 
or party representing such carrier or freight forwarder 
has filed, before or on the date of the enactment of this 
subsection, a suit for the collection of additional freight 
charges and notifies the person from whom additional 
freight charges are sought of the provisions of paragraphs 
(1) through (7), the election must be made not later than 
the 90th day following the date on which such notification 
is received. 
\ 
"(D) DEMANDS FOR PAYMENT MADE BEFORE OR ON DATE 
OF ENACTMENT.—If the carrier or freight forwarder or party 
representing 
such 
carrier 
or freight 
forwarder 
has 
demanded the payment of additional freight charges, and 
has not filed a suit for the collection of such additional 
freight charges, before or on the date of the enactment 
of this subsection and notifies the person from whom addi-
tional freight charges are sought of the provisions of para-
graphs (1) througn (7), the election must be made 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 
appUcable freight rate or charges, or 
"(ii) the 90th day following the date of the enact-
ment of this subsection. 
"(9) CLAIMS INVOLVING SMALL-BUSINESS CONCERNS, CHARI-
, TABLE ORGANIZATIONS, AND RECYCLABLE MATERIALS.—Notwith-
standing paragraphs (2), (3), and (4), a person from whom 
the additional legally applicable and effective tariff rate or 
charges are sought shall not be liable for the difference between 
the carrier's applicable and effective tariff rate and the rate 
originally billed and psdd— 
"(A) if such person qualifies as a small-business concern 
under the Small Business Act (15 U.S.C. 631 et seq.), 
PUBLIC LAW 103-180—DEC. 3, 1993 
107 STAT. 2047 
/ 
"(B) if such person is an organization which is described 
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) if the cargo involved in the claim is recyclable 
materials, as defined in section 10733.". 
(b) CONFORMING J\MENDMENT.—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 subsections (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 tendered 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 Commerce Commission shall 
transmit to Congress a report regarding 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 subsection (c). 
(e) ALTERNATIVE PROCEDURE FOR RESOLVING DISPUTES.— 
(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 household goods freight 
forwarder), or a party representing such a carrier or freight 
forwarder to attempt to charge or to charge for a transportation 
service provided before September 30, 1990, the difference 
between 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 fi'eight forwarder applicable to 
such transportation service and 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 section 10521(a)(1) of such title 
for the purpose of avoiding the application of this subsection. 
(2) JURISDICTION OF COMMISSION.—The Commission shall 
have jurisdiction to make a determination of whether or not 
attempting to charge or the charging of a rate by a motor 
carrier or freight forwarder or party representing a motor car-
rier 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, fi*eight 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 meiking such determination, the 
Commission shall consider— 
(A) whether the person was offered a transportation 
rate by the carrier or freight forwarder or party other 
than that legally on file with the Commission for the 
transportation service; 
49 u s e 10701. 
49 u s e 10701 
note. 
49 u s e 10701 
note. 
49 u s e 10701 
note. 
107 STAT. 2048 
PUBLIC LAW 103-180—DEC. 3, 1993 
(B) whether the person tendered freight to the carrier 
or freight forwarder in reasonable reUance upon the offered 
transportation rate; 
(C) whether the carrier or freight forwarder did not 
properly or timely file with the Commission a tariff provid-
ing for such transportation rate or failed to enter into 
an agreement for contract carriage; 
(D) whether the transportation rate was billed and 
collected by the carrier or freight forwarder; and 
(E) whether the carrier or freight forwarder 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 a motor carrier, freight forwarder, or party 
described in paragraph (1) to attempt to charge or to charge 
the difference described in paragraph (1) between the applicable 
rate and the negotiated rate for the transportation service 
in addition to those charges already billed and collected for 
the transportation service, the person shall not have to pay 
any additional compensation to the carrier, freight forwarder, 
or party until the Commission has made a determination as 
to the reasonableness of the practice as appUed to the freight 
of the person against whom the claim is made. 
(4) TREATMENT.—Paragraph (1) of this subsection is 
enacted as an exception, and shall be treated as an exception, 
to the requirements of sections 10761(a) and 10762 of title 
49, United States Code, relating to a filed tariff rate for a 
transportation or service subject to the jurisdiction of the 
Commission and other general tariff requirements. 
(5) NONAPPLICABILITY OF NEGOTIATED RATE DISPUTE RESO-
LUTION PROCEDURE.—If a person elects to seek enforcement 
of paragraph (1) with respect to a rate for a transportation 
or service, section 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 subsection, the fol-
lowing 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) NEGOTL\TED RATE.—The term "negotiated rate" 
means a rate, charge, classification, or rule agreed upon 
by a motor carrier or freight forwarder described in para-
graph (1) £uid a shipper through negotiations pursuant 
to which no tariff was lawfiilly and timely filed with the 
Commission and for which there is written evidence of 
such agreement. 
49 use 10701 
(f) PRIOR SETTLEMENTS AND ADJUDICATIONS.—Any claim that, 
"°^- 
but for this subsection, would be subject to any provision of this 
Act (including any amendment made by this Act) and that was 
settled by mutual agreement of the parties to such claim, or resolved 
by a final adjudication of a Federal or State court, before the 
date of the enactment of this Act shall be treated as binding. 
PUBLIC LAW 103-180—DEC. 3, 1993 
107 STAT. 2049 
enforceable, and not contrary to law, unless such settlement was 
agreed to as a result of fraud or coercion. 
(g) RATE REASONA]BLENESS.—Section 10701(e) of title 49, United 
States Code, is amended by adding at the end the following: "Any 
complaint brought against a motor carrier (other than a carrier 
^ 
described in subsection (f)(1)(A)) by a person (other than a motor 
carrier) for unreasonably high rates for past or fiiture transportation 
shall be determined under this subsection.**. 
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 tnat a motor carrier 
(other than a motor carrier providing transportation of household 
goods) or freight forwarder (other than a household goods 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 period 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 subchapter II of chapter 105 of this title for transportation 
or service— 
"(1) within 2 years after the claim accrues if such transpor-
tation 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 appears and 
inserting "limitation periods"; 
(2) Dy striking "is extended" the first place it appears 
and inserting "are extended"; and 
(3) by striking "each". 
SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CARRIERS OF 
PROPERTY. 
(a) IN GENERAL.—Chapter 117 of title 49, United States Code, 
is amended by adding at the end the following: 
*
*
§ 11712. Tariff reconciliation rules for motor common car-
riers of property 
"(a) MUTUAL CONSENT.—Subject to Commission review and 
approval, motor carriers subject to the jurisdiction of the Commis-
sion under subchapter II of chapter 105 of this title (other than 
motor carriers providing transportation of household goods) and 
shippers may resolve, by mutual consent, overcharge and under-
107 STAT. 2050 
PUBLIC LAW 103-180—DEC. 3, 1993 
charge claims resulting from incorrect tariff provisions or billing 
errors arising from the inadvertent failure to properly and timely 
file and maintain agreed upon rates, rules, or classifications in 
compliance with sections 10761 and 10762 of this title. Resolution 
of such claims among the parties shall not subject any party to 
the penalties of chapter 119 of this title. 
"(b) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 
this section shall relieve the motor carrier of the duty to file and 
adhere to its rates, rules, and classifications as required in sections 
10761 and 10762, except as provided in subsection (a) of this section. 
"(c) RULEMAKING PROCEEDING.—Not later than 90 days after 
the date of the enactment of this section, the Commission shall 
institute a proceeding to establish rules pursuant to which the 
tariff requirements of sections 10761 and 10762 of this title shall 
not apply under circumstances described in subsection (a) of this 
section.". 
(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. 6. CUSTOMER ACCOUNT CODES AND RANGE TARIFFS. 
(a) CUSTOMER ACCOUNT CODES.—Section 10762 of title 49, 
United States Code, is amended by adding at the end the following: 
"(h) CUSTOMER ACCOUNT CODES.—NO tariff filed by a motor 
carrier of property 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 180th day 
following such date of enactment, the name of the customer for 
each account code must be set forth in the tariff (other than the 
tariff of a motor carrier providing transportation of household 
goods).". 
(b) RANGE TARIFFS.—Such section is further amended by adding 
at the end the following: 
"(i) RANGE TARIFFS.—^No tariff filed by a motor carrier of prop-
erty with the Commission before, on, or after the date of the 
enactment of this subsection may be held invalid solely on the 
basis that the tariff does not show a specific rate or discount 
for a specific shipment if the tariff is based on a range of rates 
or discounts for specific classes of shipments. For transportetion 
performed on or after the 180th day following such date of enact-
ment, such a range tariff must identify the specific rate or discount 
from among the range of rates or discounts contained in such 
range tariff which is applicable to each specific shipment or must 
contain an objective means for determining the rate.". 
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 following new subsection: 
"(c) CONTRACTS OF CARRIAGE FOR MOTOR CONTRACT CAR-
RIERS.— 
"(1) GENERAL RULE.—^A motor contract carrier providing 
, transportetion subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title shall enter 
into a written agreement, separate from the bill of lading 
PUBLIC LAW 103-180—DEC. 3, 1993 
107 STAT. 2051 
or receipt, for each contract for the provision of transportation 
subject to such jurisdiction which is entered into sifter the 
90th day following the date of the enactment 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 transpor-
tation service to be or being provided; and 
-- 
"(D)(i) state that it provides for the assignment of 
motor vehicles for a continuing period of time for the exclu-
sive use of the shipper; or 
"(ii) state that it provides 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 mini-
mum period of 3 years thereafter and shall be made available 
to the Commission 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— 
49 use ii90i. 
(1) by inserting "or enter into or retain a written 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 written 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 willfmly 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: 
*
*
§ 10767. Billing and collecting practices 
"(a) REGULATIONS LIMITING REDUCED RATES.—^Not later than 
120 days after the date of the enactment of this section, the Commis-
sion shall issue regulations that prohibit a motor carrier subject 
to the jurisdiction of the Commission under subchapter II of chapter 
105 of this title from providing a reduction in a rate set forth 
in its tariff or contract for the provision of transportation of property 
to any person other than (1) the person paying the motor carrier 
directly for the transportation service according to the bill of lading, 
receipt, or contract, or (2) an agent of the person paying for the 
transportation. 
"(b) 
DISCLOSURE OF ACTUAL RATES, CHARGES, AND ALLOW-
ANCES.—^The regulations of the Commission issued pursuant to 
this section shsill require a motor carrier to disclose, when a docu-
107 STAT. 2052 
PUBLIC LAW 103-180—DEC. 3, 1993 
ment is presented or transmitted electronically for pa)mient to 
the person responsible directly to the motor carrier for payment 
or agent of such responsible person, the actual rates, charges, 
or allowances for the transportation service and shall prohibit any 
person from causing a motor carrier to present false or misleading 
information on a document about the actual rate, charge, or allow-
ance to any party to the transaction. Where the actual rate, charge, 
or allowance is dependent upon the performance of a service oy 
a party to the transportation arrangement, such as tendering a 
volume of freight over a stated period of time, the motor carrier 
shall indicate in any document presented for payment to the person 
responsible directly to the motor carrier for the pajmaent that a 
reduction, allowance, or other adjustment may apply. 
"(c) PAYMENTS OR ALLOWANCES FOR CERTAIN SERVICES.—The 
regulations issued by the Commission pursuant to this section 
shall not prohibit a motor carrier from making payments or allow-
ances to a party to the transaction for services that would otherwise 
be performed by the motor carrier, such as a loading or unloading 
service, if the payments or allowances are reasonably related to 
the cost that such party knows or has reason to know would 
otherwise be incurred by the motor carrier.". 
(b) CONFORMING AMENDMENT.—The analysis for such sub-
chapter is amended by adding at the end the following new item: 
"10767. Billing and collecting practices.". 
(c) VIOLATION.— 
49 use 11901. 
(1) IN GENERAL.—Section 11901 of such title is amended 
by redesignating subsection (1) as subsection (m) and by insert-
ing after subsection (k) the following: 
"(1) RATE DISCOUNTS.—^A person, or an officer, employee, or 
agent of that person, that knowingly pays, accepts, or solicits a 
reduced rate or rates in violation of the regulations issued under 
section 10767 of this title is liable to the United States for a 
civil penalty of not less than $5,000 and not more than $10,000 
plus 3 times the amount of damages which a party incurs because 
of such violation. Notwithstanding any other provision of this title, 
the express civil penalties and damages provided for in this sub-
section are the exclusive legal sanctions to be imposed under this 
title for practices found to be in violation of the regulations issued 
under section 10767 and such violations do not render tariff or 
contract provisions void or unenforceable.". 
(2) VENUE.—Section 11901(m)(2) of such title (as redesig-
nated by paragraph (1)) is amended by striking "or (k)" and 
inserting "(k), or (1)". 
SEC. 8. RESOLUTION OF DISPUTES RELATING TO CONTRACT OR COM-
MON CARRIER CAPACITIES. 
Section 11101 of title 49, United States Code, is amended 
by adding at the end the following: 
"(d) RESOLUTION OF DISPUTES RELATING TO CONTRACT OR COM-
MON CARRIER CAPACITIES.—If a motor carrier (other than a motor 
carrier providing transportation of household goods) 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 com-
mon carrier or contract carrier capacity and the parties are not 
PUBLIC LAW 103-180—DEC. 3, 1993 
107 STAT. 2053 
able to resolve the dispute consensually, the Commission shall 
have jurisdiction to, and shall, resolve the dispute.". 
SEC. 9. LIMITATION ON STATUTORY CONSTRUCTION. 
49 USC 10701 
Nothing in this Act (including any amendment made by this 
Act) shall be construed as limiting or otherwise affecting application 
of title 11, United States Code, relating to bankruptcy; title 28, 
United States Code, relating to the jurisdiction of the courts of 
the United States (including bankruptcy courts); or the Employee 
Retirement Income Security Act of 1974. 
Approved December 3, 1993. 
LEGISLATIVE HISTORY—S. 412 (H.R. 2121): 
HOUSE REPORTS: No. 103-359 accompanying H.R. 2121 (Comm. on Public Works 
and Transportation). 
SENATE REPORTS: No. 103-79 ((]omm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
July 1, considered and passcad Senate. 
Nov. 15, H.R. 2121 considered and passed House; S. 412, amended, passed in 
lieu. 
Nov. 18, Senate concurred in House amendments.