[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.
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