[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2161 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2161
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
June 13, 2001
Mr. Rahall (for himself, Mr. Blunt, Mr. Mollohan, Mr. Ney, Mr. Peterson
of Minnesota, Mr. Strickland, Mr. Lipinski, and Ms. Brown of Florida)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
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 2001''.
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 payer of transportation charges a minimum surcharge for fuel
used in the transportation provided to such payer commencing
when the current price of fuel surpasses, by $0.05 per gallon,
the benchmark price set forth 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 the
amount of increase in the cost of fuel.
``(2) Benchmark price.--The benchmark price referred to in
paragraph (1) shall be $1.10 per gallon.
``(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' or
mileage guide established pursuant to section 13703 (a)(1)(D).
``(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), and neither the Secretary
of Transportation nor the Surface Transportation Board shall have
regulatory or enforcement authority relating to provisions of this
section.
``Sec. 13715. Negotiated fuel adjustments
``(a) In General.--Nothing in section 13714 shall be construed to
abrogate provisions relating to fuel cost adjustments in any
transportation contract or agreement in effect on the date of the
enactment of the Motor Carrier Fuel Cost Equity Act of 2001 and any
renewal of such a contract or agreement thereafter. Nothing in this
section and sections 13714 and 14102 shall be construed to prohibit any
motor carrier, broker, or freight forwarder from including any
privately negotiated fuel cost adjustment provision in any contract or
agreement to provide transportation that is an amount necessary to
compensate the person responsible for paying for fuel for the amount of
increase in the cost of fuel.
``(b) Continuation of Authority.--Nothing in section 13714 shall
impair the ability of any person to enter into any contract or
agreement after the date of the enactment of the Motor Carrier Fuel
Cost Equity Act of 2001 that provides for a fuel adjustment under this
section or section 13714 during any period in which no fuel surcharge
is required under section 13714.''.
(b) Clerical Amendment.--The analysis for chapter 137 of such title
is amended by adding at the end the following:
``13714. Fuel surcharge.
``13715. Negotiated fuel adjustments.''.
SEC. 3. MANDATORY PASS-THROUGH TO COST BEARER.
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--
``(i) intentionally reducing compensatory
transportation costs (other than the fuel
surcharge) to the person responsible for paying
for fuel for the purpose of adjusting for or
avoiding the pass through of the fuel
surcharge; and
``(ii) intentionally imposing a fuel cost
adjustment in accordance with section 13715 for
the purpose of avoiding any payment under this
section or section 13714.
``(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), and neither the Secretary of Transportation nor the
Surface Transportation Board shall have regulatory or
enforcement authority relating to provisions of this
subsection.''.
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