PUBLIC LAW 103-180—DEC. 3, 1993
107 STAT. 2047 /
"(B) if such person is an organization which is described
in section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section.501(a) of such Code,
or
"(C) if the cargo involved in the claim is recyclable
materials, as defined in section 10733.".
(b) CONFORMING J\MENDMENT.— Subsection (e) of such section
is amended by striking "In" and inserting "Except as provided
in subsection (f), in".
(c) APPLICABILITY. —The amendments made by subsections (a)
and (b) of this section shall apply to all claims pending as of
the date of the enactment of this Act and to all claims arising
from transportation shipments tendered on or before the last day
of the 24-month period beginning on such date'of enactment.
(d) REPORT. —Not later than 18 months after the date of the
enactment of this Act, the Interstate Commerce Commission shall
transmit to Congress a report regarding whether there exists a
justification for extending the applicability of amendments made
by subsections (a) and (b) of this section beyond the period specified
in subsection (c).
(e) ALTERNATIVE PROCEDURE FOR RESOLVING DISPUTES.—
(1) GENERAL RULE. —For purposes of section 10701 of title
49, United States Code, it shall be an unreasonable practice
for a motor carrier of property (other than a household goods
carrier) providing transportation subject to the jurisdiction of
the Commission under subchapter II of chapter 105 of such
title, a freight forwarder (other than a household goods freight
forwarder), or a party representing such a carrier or freight
forwarder to attempt to charge or to charge for a transportation
service provided before September 30, 1990, the difference
between the applicable rate that is lawfully in effect pursuant
to a tariff that is filed in accordance with chapter 107 of
such title by the carrier or freight forwarder applicable to
such transportation service and the negotiated rate for such
transportation service if the carrier or freight forwarder is
no longer transporting property between places described in
section 10521(a)(1) of such title or is transporting property
between places described in section 10521(a)(1) of such title
for the purpose of avoiding the application of this subsection.
(2) JURISDICTION OF COMMISSION.—The Commission shall
have jurisdiction to make a determination of whether or not
attempting to charge or the charging of a rate by a motor
carrier or freight forwarder or party representing a motor carrier or freight forwarder is an unreasonable practice under
paragraph (1). If the Commission determines that attempting
to charge or the charging of the rate is an unreasonable practice
under paragraph (1), the carrier, fi*eight forwarder, or party
may not collect the difference described in paragraph (1)
between the applicable rate and the negotiated rate for the
transportation service. In meiking such determination, the
Commission shall consider—
(A) whether the person was offered a transportation
rate by the carrier or freight forwarder or party other
than that legally on file with the Commission for the
transportation service;
49 USC 10701.
49 USC 10701
note.
49 USC 10701
note.
49 USC 10701
note.
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