article: 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.
summary: Trucking Industry Regulatory Reform Act of 1994 - Amends the Interstate Commerce Act to include as objectives of U.S. transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) encourage fair competition and reasonable rates for transportation by motor carriers of property; (2) promote Federal regulatory efficiency in the motor carrier transportation system; and (3) require fair and expeditious regulatory decisions when regulation is required. (Sec. 5) Requires the Interstate Commerce Commission (ICC) to exempt motor carriers of non-household goods from its jurisdiction in specified circumstances, including when such transportation is part of a continuous intermodal movement. (Sec. 6) Exempts a motor contract carrier of non-household goods from requirements that contract carriers establish, and file with the ICC, actual and minimum rates and related rules and practices. Exempts motor common carriers of non-household goods from requirements that carriers: (1) provide transportation or service only if the rate is contained in a tariff; and (2) publish and file with the ICC tariffs containing such rates. (Sec. 7) Requires the ICC to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if it finds such person able to comply with such Act, ICC regulations, and specified safety, safety fitness, and minimum financial responsibility requirements. (Sec. 8) Specifies requirements which, if met, compel the ICC to issue a permit authorizing a person to provide transportation as a motor contract carrier of household goods, passengers, or non-household goods. (Sec. 9) Authorizes the ICC to suspend a certificate or permit of a motor carrier of passengers, motor common carrier of household goods, a motor contract carrier of property, or a motor contract carrier of non-household goods if specified requirements are not met. (Sec. 10) Directs the Secretary to study and report to the Congress on the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the ICC with respect to cost savings that may be achieved, the efficient allocation of resources, elimination of unnecessary functions, and responsibility for regulatory functions. (Sec. 11) Directs the ICC to report to the Congress an analysis of all ICC regulatory responsibilities, with recommendations about specific statutory functions of the ICC that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and efficiency in government.