[Congressional Record Volume 140, Number 139 (Thursday, September 29, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 29, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   MAKING A TECHNICAL CORRECTION TO AN ACT PREEMPTING STATE ECONOMIC 
                      REGULATION OF MOTOR CARRIERS

  Mr. RAHALL. Mr. Speaker, I ask unanimous consent that the Committee 
on Public Works and Transportation be discharged from further 
consideration of the bill (H.R. 5123) to make a technical correction to 
an act preempting State economic regulation of motor carriers, and ask 
for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  Mr. SHUSTER. Reserving the right to object, Mr. Speaker, I do not 
intend to object, but I yield to my distinguished colleague, the 
gentleman from West Virginia [Mr. Rahall] for an explanation.
  Mr. RAHALL. Mr. Speaker, I appreciate the distinguished ranking 
member yielding to me.
  Mr. Speaker, last month Congress passed the Federal Aviation 
Administration Authorization Act of 1994, which included a provision in 
section 601 to preempt State economic regulation of intrastate 
trucking.
  The pending measure would make one technical correction to that act 
to address an item which Congress did not intend to be within the scope 
of section 601.
  The purpose of section 601 was to address issues relating to the 
intrastate transportation by motor carrier of general freight and 
express small packages.
  We now find that the act would also affect the ability of a State to 
regulate tow trucks in those States which engage in such regulation.
  This clearly was not our intention. And, in fact, many States regard 
the regulation of tow trucks as a matter of consumer protection.
  For this reason, the pending measure would provide for continued 
State economic regulation of intrastate tow and wrecker services where 
such regulation exists.
  That completes my explanation.
  Mr. SHUSTER. Mr. Speaker, continuing my reservation of objection, I 
would appreciate it if the gentleman would confirm, first, that this 
exemption would be only for 2 years, and at the end of 2 years, tow 
trucks will fall within the deregulation which not will apply to the 
other modes, is that correct?
  Mr. RAHALL. If the gentleman will continue to yield, the gentleman is 
accurate, pending the adoption of the amendment I will shortly offer.
  Mr. SHUSTER. Mr. Speaker, further continuing my reservation of 
objection, it is my understanding from the gentleman that we have his 
commitment that should the Senate attempt to change our language here 
and add to it, the gentleman would then oppose any such action to 
expand this and we would not permit the legislation to be-come law?
  Mr. RAHALL. If the gentleman will yield further, the gentleman is 
accurate, and certainly we would continue to work with him.
  Mr. SHUSTER. Mr. Speaker, I thank the gentleman, and I withdraw my 
reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5123

       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 ``Intrastate Tow and Wrecker 
     Truck Transportation Technical Correction Act of 1994''.

     SEC. 2. TECHNICAL CORRECTION.

       Section 11501(h)(2) of title 49, United States Code, is 
     amended as follows:
       (1) Strike ``and'' after subparagraph (A).
       (2) Strike the period at the end of subparagraph (B) and 
     insert in lieu thereof ``; and''.
       (3) Insert the following new subparagraph at the end 
     thereof:
       ``(C) does not restrict the regulatory authority of an 
     agency with statewide jurisdiction with respect to tow trucks 
     or wreckers providing for-hire services.''.


     amendment in the nature of a substitute offered by mr. rahall

  Mr. RAHALL. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Rahall: Strike all after the enacting clause and insert in 
     lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Intrastate Tow and Wrecker 
     Truck Transportation Technical Correction Act of 1994''.

     SEC. 2. TECHNICAL CORRECTION.

       Section 11501(h)(2) of title 49, United States Code, is 
     amended as follows:
       (1) Strike ``and'' after subparagraph (A).
       (2) Strike the period at the end of subparagraph (B) and 
     insert in lieu thereof ``; and''.
       (3) Insert the following new subparagraph at the end 
     thereof:
       ``(C) does not restrict the regulatory authority of an 
     agency with statewide jurisdiction, insofar as such authority 
     relates to tow trucks or wreckers providing for-hire 
     services.''.

     SEC. 3. EXPIRATION.

       The amendment made by section 2 shall cease to be in effect 
     on January 1, 1997.

  Mr. RAHALL (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. RAHALL. Mr. Speaker, this amendment is being offered to address 
the concerns of our distinguished ranking minority member of the 
Subcommittee on Surface Transportation of the Committee on Public Works 
and Transportation, the gentleman from Wisconsin [Mr. Petri]. It would 
provide for the amendment made by the bill to expire on January 1, 
1997.
  The SPEAKER pro tempore. The question is on the amendment in the 
nature of a substitute offered by the gentleman from West Virginia [Mr. 
Rahall].
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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