[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3667 Introduced in Senate (IS)]

  2d Session
                                S. 3667

  To clarify the application of section 14501(d) of title 49, United 
 States Code, to prevent the imposition of unreasonable transportation 
                             terminal fees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 1 (legislative day, September 17), 2008

 Mr. Lautenberg (for himself and Mr. Vitter) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To clarify the application of section 14501(d) of title 49, United 
 States Code, to prevent the imposition of unreasonable transportation 
                             terminal fees.

    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 ``Prevention of Unreasonable Fees 
Act''.

SEC. 2. PREVENTION OF UNREASONABLE FEES.

    Section 14501(d) of title 49, United States Code is amended--
            (1) by striking ``on account of the fact that a motor 
        vehicle'' and inserting ``to be paid by or with respect to a 
        motor vehicle that'';
            (2) by redesignating paragraph (3) as paragraph (4);
            (3) by inserting after paragraph (2) the following:
            ``(3) Transportation terminal fees.--
                    ``(A) Fees prohibited.--An operator of a 
                transportation terminal that, at any time after the 
                date of enactment of the Prevention of Unreasonable 
                Fees Act, uses any Federal funds for construction, 
                expansion, renovation, or other capital improvement of 
                that transportation terminal, or for the purchase or 
                lease of any equipment installed in that transportation 
                terminal or on its property, may not charge any fee to 
                a provider of pre-arranged ground transportation 
                service described in paragraph (1)(B), except--
                            ``(i) a fee charged to the general public 
                        for access to or use of any part of the 
                        transportation terminal; or
                            ``(ii) a fee for the availability of 
                        ancillary facilities at the transportation 
                        terminal that is reasonable in relation to the 
                        costs of operating the ancillary facilities.
                    ``(B) Definitions.--In this subsection:
                            ``(i) Transportation terminal.--The term 
                        `transportation terminal' means any airport, 
                        port facility for ships or boats, train 
                        station, or bus terminal, including any 
                        principal buildings and all ancillary 
                        buildings, roads, runways, and other 
                        facilities.
                            ``(ii) Ancillary facilities.--The term 
                        `ancillary facilities' includes restrooms, 
                        vending machines, monitoring facilities that 
                        advise parties accessing the transportation 
                        terminal of arrivals or departures of aircraft, 
                        buses, trains, ships, or boats, and such other 
                        facilities determined by the Secretary to be 
                        necessary, appropriate, desirable, or useful to 
                        the business of providing pre-arranged ground 
                        transportation service.'';
            (4) by striking ``an airport, train, or bus'' in 
        subparagraph (B) of paragraph (4), as redesignated, and 
        inserting ``a transportation'';
            (5) by striking ``and'' after the semicolon in such 
        subparagraph (B);
            (6) by redesignating subparagraph (C) as subparagraph (D);
            (7) by striking ``service.'' in subparagraph (D), as 
        redesignated, and inserting ``service; or'';
            (8) by inserting after subparagraph (B) the following:
                    ``(C) as prohibiting or restricting a 
                transportation terminal operator from requiring 
                vehicles that cannot safely use parking facilities that 
                are otherwise available to the general public to use 
                segregated facilities, if the fee for such facilities 
                is no more than is charged to the public for similar 
                facilities;''; and
            (9) by inserting after subparagraph (D), as redesignated, 
        the following:
                    ``(E) as restricting the right of any State or 
                political subdivision of a State to require a license 
                or fee (other than a fee by a transportation terminal 
                operator prohibited by paragraph (3)) with respect to a 
                vehicle that is providing transportation not described 
                in paragraph (1).''.

SEC. 3. REGULATIONS.

    (a) In General.--Not later than December 31, 2010, the Secretary of 
Transportation shall promulgate regulations to carry out the provisions 
of section 14501(d) of title 49, United States Code, as amended by 
section 2 of this Act.
    (b) Provisions.--The regulations promulgated pursuant to subsection 
(a) shall include--
            (1) a comprehensive list of the ancillary facilities 
        determined by the Secretary to be necessary, appropriate, 
        desirable, and useful to the business of the provision of pre-
        arranged ground transportation service;
            (2) a schedule of suggested fees for such ancillary 
        facilities that may be charged by any transportation terminal 
        operator to a provider of pre-arranged ground transportation 
        service for the availability of that ancillary facility, where 
        such fee is determined by the Secretary to be reasonable in 
        relation to the costs of operating the ancillary facility;
            (3) a requirement that any fee proposed by a transportation 
        terminal operator for the availability of an ancillary facility 
        may not be greater than the fee for that facility provided in 
        the schedule described in paragraph (2), unless the fee is 
        approved in advance by the Secretary after a public hearing and 
        determination that the proposed fee and the amount of the fee 
        for the availability of that ancillary facility at that 
        transportation terminal is reasonable in relation to the costs 
        of operating the ancillary facility and otherwise complies with 
        such subsection (d); and
            (4) such other provisions as are determined necessary or 
        appropriate by the Secretary to carry out section 14501(d) of 
        title 49, United States Code, as amended by section 2 of this 
        Act, in a manner that prevents the imposition by a 
        transportation terminal operator of--
                    (A) fees to be paid by or with respect to a motor 
                vehicle that is providing prearranged ground 
                transportation service; or
                    (B) any other discriminatory or punitive action or 
                measure against or with respect to a motor vehicle that 
                is providing prearranged ground transportation service.
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