[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4441 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4441

  To amend title 49, United States Code, to provide a mandatory fuel 
 surcharge for transportation provided by certain motor carriers, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2000

  Mr. Rahall introduced the following bill; which was referred to the 
                      Committee on Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to provide a mandatory fuel 
 surcharge for transportation provided by certain motor carriers, and 
                          for other purposes.

    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 ``Motor Carrier Fuel Cost Equity Act 
of 2000''.

SEC. 2. MANDATORY FUEL SURCHARGE.

    (a) In General.--Chapter 137 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 13714. Fuel surcharge
    ``(a) Mandatory Fuel Surcharge.--
            ``(1) Establishment of surcharge.--Any contract or 
        agreement providing for truckload transportation or service 
        involving a motor carrier, broker, or freight forwarder subject 
        to jurisdiction under chapter 135 who regularly provides such 
        transportation or service shall include a requirement to assess 
        a payor of transportation charges a minimum surcharge for fuel 
        used in the transportation provided to such payor commencing 
        when an increase in the price of such fuel surpasses the 
        benchmark in paragraph (2). The surcharge assessed by the motor 
        carrier, broker, or freight forwarder shall be calculated on 
        the basis of mileage or percentage of revenue (whichever basis 
        the motor carrier, broker, or freight forwarder elects) and 
        shall be the amount necessary to compensate the person 
        responsible for paying for fuel for any increase in the price 
        of fuel from the Fuel Price Norm in paragraph (2).
            ``(2) Benchmark.--The benchmark referred to in paragraph 
        (1) is the difference between the Current Fuel Price and the 
        Fuel Price Norm, when such difference exceeds $0.05. The 
        Current Fuel Price shall be determined by the latest weekly 
        Energy Information Administration's Average Retail On-Highway 
        Diesel Prices, National U.S. Average, as published by the 
        Department of Energy. The Fuel Price Norm shall be determined 
        by calculating the latest 52-week average of such Retail On-
        Highway Diesel Prices.
    ``(b) Implementation.--The surcharge referred to in subsection 
(a)(1) shall be--
            ``(1) calculated on the date the shipment is tendered to 
        the motor carrier, broker, or freight forwarder;
            ``(2) itemized separately on the motor carrier, broker, or 
        freight forwarder's invoices; and
            ``(3) paid by the payer of transportation charges.
    ``(c) Factors.--For purposes of calculating a surcharge under this 
section--
            ``(1) average fuel economy is 5 miles per gallon; and
            ``(2) mileage means the number of paid miles driven as 
        determined under the Department of Defense, Military Traffic 
        Management Command's `Defense Table of Official Distances'.
    ``(d) Limitation on Authority.--Notwithstanding any other provision 
of this part, enforcement of this section shall be through the private 
right of action provided in section 14704(a) of title 49, United States 
Code, and neither the Secretary of Transportation nor the Surface 
Transportation Board shall have regulatory or enforcement authority 
relating to provisions of this section.''.
    (b) Clerical Amendment.--The analysis for chapter 137 of such title 
is amended by adding at the end the following:

``13714. Fuel surcharge.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 14102 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Mandatory Pass-Through to Cost Bearer.--
            ``(1) In general.--A motor carrier, broker, or freight 
        forwarder providing transportation or service using motor 
        vehicles not owned by it and using fuel not paid for by it--
                    ``(A) shall pass through to the person responsible 
                for paying for fuel any fuel surcharge required by 
                section 13714 or provided for in transportation 
                contracts or agreements;
                    ``(B) shall disclose in writing to the equipment 
                lessor and lessee the amount of all freight rates and 
                charges and fuel surcharges applicable to such 
                transportation or service; and
                    ``(C) is prohibited from reducing compensatory 
                transportation costs (other than the fuel surcharge) to 
                the payer of fuel for the purpose of adjusting for or 
                avoiding the pass through of the fuel surcharge.
            ``(2) Limitation on authority.--Notwithstanding any other 
        provision of this part, enforcement of this section shall be 
        through the private right of action provided in section 
        14704(a) of title 49, United States Code, and neither the 
        Secretary of Transportation nor the Surface Transportation 
        Board shall have regulatory or enforcement authority relating 
        to provisions of this subsection.''.

SEC. 4. SAVINGS CLAUSE.

    Nothing in this Act shall be deemed to abrogate provisions relating 
to fuel surcharges in any transportation contract or agreement in 
effect on the date of enactment of this Act and any renewal of such a 
contract or agreement thereafter.
                                 <all>