Page:United States Statutes at Large Volume 107 Part 3.djvu/113

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PUBLIC LAW 103-180—DEC. 3, 1993 107 STAT. 2051 or receipt, for each contract for the provision of transportation subject to such jurisdiction which is entered into sifter the 90th day following the date of the enactment of this subsection. "(2) MINIMUM CONTENT REQUIREMENTS.—The written agreement shall, at a minimum— "(A) identify the parties thereto; "(B) commit the shipper to tender and the carrier to transport a series of shipments; "(C) contain the contract rate or rates for the transportation service to be or being provided; and -- "(D)(i) state that it provides for the assignment of motor vehicles for a continuing period of time for the exclusive use of the shipper; or "(ii) state that it provides that the service is designed to meet the distinct needs of the shipper. "(3) RETENTION BY CARRIER. —All written agreements entered into by a motor contract carrier under paragraph (1) shall be retained by the carrier while in effect and for a minimum period of 3 years thereafter and shall be made available to the Commission upon request. "(4) RANDOM AUDITS BY COMMISSION.—The Commission shall conduct periodic random audits to ensure that motor contract carriers are complying with this subsection and are adhering to the rates set forth in their agreements.". (b) CIVIL PENALTY.—Section 11901(g) of such title is amended— 49 USC ii90i. (1) by inserting "or enter into or retain a written agreement under section 10702(c) of this title" after "under this subtitle" the first place it appears; and (2) by striking "or (5)" and inserting "(5) does not comply with section 10702(c) of this title, or (6)". (c) CRIMINAL PENALTY.—Section 11909(b) of such title is amended— (1) by inserting "or enter into or retain a written agreement under section 10702(c) of this title" after "under this subtitle" the first place it appears; and (2) in clause (1) by inserting after "make that report" the following: "or willfmly does not enter into or retain that agreement". SEC. 7. BILLING AND COLLECTING PRACTICES. (a) IN GENERAL. — Subchapter IV of chapter 107 of title 49, United States Code, is amended by adding at the end the following:

    • § 10767. Billing and collecting practices

"(a) REGULATIONS LIMITING REDUCED RATES.—Not later than 120 days after the date of the enactment of this section, the Commission shall issue regulations that prohibit a motor carrier subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title from providing a reduction in a rate set forth in its tariff or contract for the provision of transportation of property to any person other than (1) the person paying the motor carrier directly for the transportation service according to the bill of lading, receipt, or contract, or (2) an agent of the person paying for the transportation. "(b) DISCLOSURE OF ACTUAL RATES, CHARGES, AND ALLOW- ANCES. — The regulations of the Commission issued pursuant to this section shall require a motor carrier to disclose, when a docu-