[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2275 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2275

   To amend subtitle IV of title 49, United States Code, relating to 
                          interstate commerce.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 July 1 (legislative day, June 7), 1994

Mr. Exon (for himself and Mr. Packwood) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend subtitle IV of title 49, United States Code, relating to 
                          interstate commerce.

    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 ``Trucking Industry Regulatory Reform 
Act of 1994''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 3. PURPOSE.

    The purpose of this Act is to enhance competition, safety, and 
efficiency in the motor carrier industry and to enhance efficiency in 
government.

SEC. 4. TRANSPORTATION POLICY.

    Section 10101(a)(2) (relating to transportation policy) is 
amended--
            (1) by redesignating subparagraphs (A) through (I) as 
        subparagraphs (C) through (K), respectively, and
            (2) by inserting before subparagraph (C) (as so 
        redesignated) the following: ``(A) encourage fair competition, 
        and reasonable rates for transportation by motor carriers of 
        property; (B) promote Federal regulatory efficiency in the 
        motor carrier transportation system and to require fair and 
        expeditious regulatory decisions when regulation is 
        required;''.

SEC. 5. EXEMPTIONS.

    (a) In General.--Section 10505 (relating to authority to exempt 
rail carrier transportation) is amended--
            (1) by inserting ``, or a motor carrier providing 
        transportation of property other than household goods,'' after 
        ``rail carrier providing transportation'' in subsection (a),
            (2) by inserting ``section 10101 or'' before ``section 
        10101a'' in subsection (a)(1) and subsection (d), and
            (3) by inserting ``, or a motor carrier providing 
        transportation of property other than household goods,'' after 
        ``rail carrier'' in subsection (f).
    (b) Clerical Amendments.--
            (1) The caption of section 10505 is amended by inserting 
        ``and motor carrier'' after ``rail carrier''.
            (2) The chapter analysis for chapter 105 is amended by 
        inserting ``and motor carrier'' after ``rail carrier'' in the 
        item relating to section 10505.

SEC. 6. TARIFF FILING.

    (a) Authority to Establish Rates.--Section 10702(b) (relating to 
authority for carriers to establish rates, classifications, rules, and 
practices) is amended by inserting ``, except a motor contract carrier 
of property other than household goods,'' after ``A contract carrier''.
    (b) Prohibition of Transportation Without Tariff.--Section 10761(a) 
(relating to transportation prohibited without tariff) is amended--
            (1) by inserting ``(except a motor common carrier providing 
        transportation of property other than household goods)'' after 
        ``chapter 105 of this title'', and
            (2) by striking out ``That carrier'' in the second sentence 
        and inserting ``A carrier subject to this subsection''.
    (c) General Tariff Requirement.--Section 10762(a)(1) (relating to 
general tariff requirement) is amended--
            (1) by inserting ``(except a motor common carrier providing 
        transportation of property other than household goods)'' after 
        ``A motor common carrier'' in the second sentence,
            (2) by inserting ``(except a motor common carrier providing 
        transportation of property other than household goods) after 
        ``carriers'' in the third sentence, and
            (3) by striking the last sentence and inserting the 
        following: ``A motor contract carrier of property is not 
        required to publish or file actual or minimum rates under this 
        subtitle.''.
    (d) Proposed Rate Changes.--Section 10762(c)(2) (relating to rate 
changes) is amended by inserting ``(except a motor common carrier of 
property)'' after ``contract carrier''.
    (e) Effect on Negotiated Rates Act.--Section 10762 (relating to 
general tariff requirements) is amended by adding at the end thereof 
the following new subsection:
    ``(g) Nothing in this section shall affect the application of the 
provisions of the Negotiated Rates Act of 1993 (or the amendments made 
by that Act) to undercharge claims for transportation provided prior to 
the date of enactment of the `Trucking Industry Regulatory Reform Act 
of 1994'.''.

SEC. 7. MOTOR COMMON CARRIER LICENSING.

    (a) In General.--Section 10922 (relating to certification of motor 
and water carriers) is amended--
            (1) by redesignating subsections (b) through (l) as (c) 
        through (m), respectively, and by inserting after subsection 
        (a) the following new subsection:
    ``(b)(1) Except as provided in this section, the Commission shall 
issue a certificate to a person authorizing that person to provide 
transportation subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title as a motor common carrier of 
property if the Commission finds that the person is able to comply 
with--
            ``(A) this subtitle, the regulations of the Commission, and 
        any safety requirements imposed by the Commission,
            ``(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 requirements 
        established by the Commission pursuant to section 10927 of this 
        title.
    ``(2) In making a finding under paragraph (1), the Commission shall 
consider and, to the extent applicable, make findings on, any evidence 
demonstrating that the applicant is unable to comply with the 
requirements of subparagraph (A), (B), or (C) of that paragraph.
    ``(3) The Commission, pursuant to section 215 of the Motor Carrier 
Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for 
authority to operate as a motor carrier under this section to be unfit 
if the applicant does not meet the safety fitness requirements under 
paragraph (1)(B) of this subsection and shall deny the application.
    ``(4) A person may protest an application under this subsection to 
provide transportation only on the ground that the applicant fails or 
will fail to comply with this subtitle, the regulations of the 
Commission, the safety requirements of the Commission, or the safety 
fitness or minimum financial responsibility requirements of paragraph 
(1) of this subsection.''.
    (b) Public Convenience and Necessity.--Section 10922(c) (relating 
to public convenience and necessity) as redesignated by subsection (a), 
is amended--
            (1) by striking ``carrier of property'' in paragraph (1) 
        and inserting ``carrier of household goods'',
            (2) by striking paragraphs (4) and (6) and redesignating 
        paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), 
        respectively,
            (3) by striking ``carrier holding authority under paragraph 
        (4)(D) of this subsection'' in paragraph (4) (as redesignated) 
        and inserting ``motor carrier providing transportation of 
        shipments weighing 100 pounds or less transported in a motor 
        vehicle in which no one package exceeds 100 pounds'',
            (4) by inserting ``of household goods'' after ``No motor 
        common carrier'' in paragraph (5) (as redesignated),
            (5) by inserting ``of household goods'' after ``No motor 
        common carrier'' in paragraph (6) (as redesignated), and
            (6) by striking ``Notwithstanding the provisions of 
        paragraph (4) of this subsection, the provisions'' in paragraph 
        (7) (as redesignated) and inserting ``The provisions''.
    (c) Certificate Specifications.--Section 10922(f)(1) (relating to 
specifications for certificate), as redesignated by subsection (a) of 
this section, is amended by inserting ``of household goods or 
passengers'' after ``motor common carrier''.
    (d) Public Convenience and Necessity.--Section 10922(h)(1) 
(relating to public convenience and necessity), as redesignated by 
subsection (a) of this section, is amended by inserting ``of household 
goods or passengers'' after ``motor common carrier''.

SEC. 8. MOTOR CONTRACT CARRIER LICENSING.

    (a) Authority to Issue Permits.--Section 10923(a) (relating to 
authority to issue permits) is amended by inserting ``of household 
goods or passengers'' after ``motor common carrier''.
    (b) Household Goods Permits.--Section 10923 (relating to permits of 
motor and water contract carriers and household goods freight 
forwarders) is amended by redesignating subsections (b) through (e) as 
(c) through (f), respectively, and by inserting after subsection (a) 
the following new subsection:
    ``(b)(1) 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 
Commission under subchapter II of chapter 105 of this title as a motor 
contract carrier of property other than household goods if the 
Commission finds that the person is able to comply with--
            ``(A) this subtitle, the regulations of the Commission, and 
        any safety requirements imposed by the Commission,
            ``(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 requirements 
        established by the Commission pursuant to section 10927 of this 
        title.
    ``(2) In deciding whether to approve the application of a person 
for a permit as a motor contract carrier of property other than 
household goods the Commission shall consider any evidence 
demonstrating that the applicant is unable to comply with this 
subtitle, the regulations of the Commission, safety requirements of the 
Commission, or the safety fitness and minimum financial responsibility 
requirements of subsection (b)(1).
    ``(3) The Commission, pursuant to section 215 of the Motor Carrier 
Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for 
authority to operate as a motor carrier of property other than 
household goods under this subsection to be unfit if the applicant does 
not meet the safety fitness requirements of paragraph (1)(B) of this 
subsection and shall deny the application.
    ``(4) A person may protest an application under this subsection to 
provide transportation only on the ground that the applicant fails or 
will fail to comply with this subtitle, the regulations of the 
Commission, safety requirements of the Commission, or the safety 
fitness or minimum financial responsibility requirements of paragraph 
(1).''.
    (c) Application Filing Requirements.--Section 10923(c) (relating to 
application filing requirements), as redesignated by subsection (b) of 
this section, is amended--
            (1) by striking ``motor contract carrier of property'' in 
        paragraphs (3) and (4) and inserting ``motor contract carrier 
        of household goods'',
            (2) by striking paragraph (5) and redesignating paragraphs 
        (6) and (7) as (5) and (6), respectively, and
            (3) by striking ``motor carriers of property'' in paragraph 
        (5) (as redesignated) and inserting ``motor carriers of 
        household goods''.
    (d) Conditions of Transportation or Service.--Section 10923(e) 
(relating to conditions of transportation or service), as redesignated 
by subsection (b) of this section, is amended--
            (1) by inserting ``of passengers or household goods'' after 
        ``contract carrier'' in paragraph (1), and
            (2) by striking ``each person or class of persons (and, in 
        the case of a motor contract carrier of passengers, the number 
        of persons)'' in paragraph (2) and inserting ``in the case of a 
        motor contract carrier of passengers, the number of persons,''.

SEC. 9. REVOCATION OF MOTOR CARRIER AUTHORITY.

    Section 10925(d)(1) (relating to effective periods of certificates, 
permits, and licenses) is amended--
            (1) by striking ``if a motor carrier or broker'' in 
        subparagraph (A) and inserting ``if a motor carrier of 
        passengers, motor common carrier of household goods, or 
        broker'',
            (2) by striking ``and'' at the end of subparagraph (A),
            (3) by redesignating subparagraph (B) as (D) and inserting 
        after subparagraph (A) the following new subparagraphs:
                    ``(B) if a motor contract carrier of property, for 
                failure to comply with section 10701, 10924(e), or 
                10927 (b) or (d) of this subtitle;
                    ``(C) if a motor contract carrier of property other 
                than household goods, for failure to comply with 
                section 10701, 10702, 10924(e), or 10927 (b) or (d) of 
                this subtitle; and''.

SEC. 10. STUDY OF MERGER OF FEDERAL MARITIME COMMISSION AND INTERSTATE 
              COMMERCE COMMISSION.

    The Secretary of Transportation shall study the feasibility of a 
merger of the operations and responsibilities of the Federal Maritime 
Commission and the Interstate Commerce Commission with respect to the 
cost savings that might be achieved by such a merger, the efficient 
allocation of resources, the elimination of unnecessary functions, and 
responsibility for regulatory functions. The Secretary shall report his 
findings to the Congress within 6 months after the date of enactment of 
this Act.

SEC. 11. STUDY OF ADDITIONAL REFORMS.

    The Interstate Commerce Commission, in consultation with the 
Secretary of Transportation, shall prepare and submit to the Congress 
with six months after the date of enactment of this Act a report 
identifying and analyzing all regulatory responsibilities of the 
Commission. The Commission shall make recommendations to the Congress 
on the basis of the study concerning specific statutory functions of 
the Commission that could be changed to enhance competition, safety, 
and efficiency in the motor carrier industry and to enhance efficiency 
in government.
                                 <all>