[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5997 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5997

  To amend title 49, United States Code, to require a motor carrier, 
 broker, or freight forwarder that collects a fuel surcharge to pay an 
amount equal to the surcharge to the person that bears the cost of the 
                     fuel, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2008

  Mr. Barrow introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to require a motor carrier, 
 broker, or freight forwarder that collects a fuel surcharge to pay an 
amount equal to the surcharge to the person that bears the cost of the 
                     fuel, 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 ``Fairness in Trucking Transactions 
Act''.

SEC. 2. PASS THROUGH OF MOTOR CARRIER FUEL COSTS.

    (a) In General.--Section 14102 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(c) Pass Through to Cost Bearer.--A motor carrier, broker, or 
freight forwarder providing or arranging truckload transportation or 
service using fuel for which it does not bear the cost shall provide to 
the person that bears the cost of such fuel a payment in an amount 
equal to the sums it collects which relate to the cost of the fuel.''.
    (b) Billing and Collection Practices.--Section 13708(b) of title 
49, United States Code, is amended to read as follows:
    ``(b) False or Misleading Information.--No person may cause a motor 
carrier, broker, or freight forwarder to present false or misleading 
information on a document or in an oral representation about the actual 
rate, charge, or allowance to any party to the transaction or 
transportation.''.
    (c) Enforcement.--
            (1) In general.--Chapter 147 of title 49, United States 
        Code, is amended by adding at the end the following:
``Sec. 14712. Enforcement of requirements relating to pass through of 
              motor carrier fuel costs
    ``(a) Additional Civil Penalty.--In addition to other civil 
penalties specified in this chapter, a motor carrier, broker, or 
freight forwarder violating section 14102(c) by failing to make a 
payment in the amount specified in section 14102(c) is liable to the 
United States for a civil penalty in an amount equal to 3 times the 
amount so specified.
    ``(b) Damages Awarded in Civil Actions Brought by Injured 
Persons.--In a civil action brought under section 14704 for damages 
sustained by a person as a result of a violation of section 14102(c), a 
court may award damages in an amount equal to 3 times the amount of the 
damages and attorney's fees in accordance with section 14704(e).
    ``(c) Confidentiality of Information.--Information that is obtained 
by the Secretary or the Board in connection with an investigation of an 
alleged violation of section 14102(c) and that relates to a 
confidential matter referred to in section 1905 of title 18 may be 
disclosed only to another officer or employee of the United States 
Government for use in carrying out chapter 141 and this chapter. This 
subsection does not authorize information to be withheld from a 
committee of Congress authorized to have the information.''.
            (2) Clerical amendment.--The analysis for such chapter is 
        amended by adding at the end the following:

``Sec. 14712. Enforcement of requirements relating to pass through of 
                            motor carrier fuel costs.''.
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