[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1710 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1710

   To amend title 49, United States Code, relating to procedures for 
     resolving claims involving unfiled, negotiated motor carrier 
             transportation rates, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 1993

 Mr. Shuster introduced the following bill; which was referred to the 
              Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend title 49, United States Code, relating to procedures for 
     resolving claims involving unfiled, negotiated motor carrier 
             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 Rate Amendments of 
1993''.

SEC. 2. 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 representing such a carrier or freight forwarder 
(hereinafter in this section referred to as a ``representative'') to 
attempt 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 describe 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 Commission shall have 
exclusive jurisdiction to make a determination of whether or not the 
attempting to charge or the charging of a person for a transportation 
service a 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 transportation 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 reasonableness of the practice of, or the 
legally applicable freight rate or charges being claimed by, a carrier, 
freight forwarder, or representative described in subsection (a) in 
addition 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 Commission has made a 
determination as to the reasonableness of the challenged rate as 
applied to the freight of the person against whom the claim is made.
    (d) Treatment of Subsection (a).--Subsection (a) is 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, relating 
to a filed tariff rate for a transportation or service subject to the 
jurisdiction of the Commission and other general tariff requirements.
    (e) Definitions.--For purposes of this section:
            (1) Commission, household goods, and household goods 
        freight forwarder.--The terms ``Commission'', ``household 
        goods'', and ``household goods freight forwarder'' have the 
        meaning such terms have under section 10102 of title 49, United 
        States Code.
            (2) Nonhousehold goods freight forwarder.--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 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 common carrier providing 
transportation or service subject to the jurisdiction 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 one year after such date of 
        enactment; and
            ``(2) must begin, within 18 months after the claim accrues, 
        such a civil action if such transportation or service is 
        provided by the carrier on or after the date that is one year 
        after such date of enactment.''.
    (b) Motor Carrier Overcharges.--Section 11706(b) of title 49, 
United States Code, is amended by striking the period at the end of the 
first sentence and inserting the following: ``except that a person 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 enactment of this exception and before the 
date that is one year after such date of enactment, and a person must 
begin, within 18 months after the claim accrues, such a civil action 
for transportation or service taking place on or after the date that is 
one year following such date of enactment.''.
    (c) Conforming Amendment.--Section 11706(d) of title 49, United 
States Code, is amended by striking ``3-year period'' each place it 
appears and inserting ``limitations period''.

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 new section:
``Sec. 11712. Tariff reconciliation rules for motor common carriers of 
              property
    ``(a) Mutual Consent.--Subject to Commission review and approval, 
motor carriers subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title and shippers may resolve, by 
mutual consent, overcharge and undercharge 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. 5. CUSTOMER ACCOUNT CODES.

    Section 10762 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) 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. EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (b), this Act 
(including the amendments made by this Act) shall take effect on the 
date of the enactment of this Act.
    (b) Exception.--Section 2 shall apply to--
            (1) any proceeding before the Interstate Commerce 
        Commission, and
            (2) any court action,
which is pending or commenced on or after the date of the enactment of 
this Act.

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