text: 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.
target: 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.
feat_title: Trucking Industry Regulatory Reform Act of 1994