[Congressional Record Volume 154, Number 66 (Thursday, April 24, 2008)]
[Senate]
[Pages S3404-S3405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. Brown):
  S. 2910. A bill to require brokers to disclose and pay independent 
truckers for any fuel surcharges received from shippers that relate to 
fuel costs paid for by the truckers; to the Committee on Commerce, 
Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise to introduce legislation that I 
believe is vital to the survival and competitiveness of our nation's 
trucking industry. For too long, our small business motor freight 
carriers, who struggle every day to make ends meet, have had their 
concerns ignored and neglected. Today, as the entire trucking industry 
faces monumental economic challenges spurred by skyrocketing, record-
breaking oil prices and exorbitant and volatile fuel costs, not to 
mention a detrimental slow-down in the hiring of new drivers, our 
independent operators are having to contend with a devastating economic 
downturn and enduring business failures--the likes of which this 
country has not seen since 2000.
  During the first quarter of 2008, nearly one thousand motor carriers 
failed, and they were not just trucking companies with two or three 
trucks, but the average number of vehicles numbered 45 trucks! As you 
can imagine, the financial impact is enormous, especially given that 
the Bureau of Transportation Statistics projects freight to grow by 
more than 70 percent by 2020. Forestalling action is not an option if 
we are to sustain our trucking industry which is an undeniable, 
economic lifeline of this nation.
  That is why I have taken this opportunity to join with Senator Brown 
in introducing the Trust in Reliable Understanding of Consumer Costs 
(TRUCC) Act which would provide our small business operators and 
carriers with the long-denied fairness that is owed to them. It is time 
that these hard-working men and women free from stranglehold of 
unscrupulous brokers and middle-men who charge shippers for fuel costs, 
but refuse to pass on those costs to operators who actually pay for the 
fuel. Our bill would provide not only a clear line-item delineating the 
fuel surcharge in the contracts provided to our small business 
carriers, but also would guarantee that the entity in the transaction--
whether a shipper, broker, or driver--who absorbs the consistently-
rising cost of fuel will become the recipient of the fuel surcharge.
  To our measure's detractors who mischaracterize it, calling it among 
other things--outrageous, I want to remind them that our focus is on 
small business motor carriers which comprise more than 90 percent of 
the truck industry, and that these individuals continue to traverse the 
country, carrying consumer goods and propelling our economy forward in 
the process. And they do so, despite the constant challenges that are 
part and parcel of this occupation . . . brokers who obfuscate the 
amount or even existence of fuel surcharges to the benefit of their own 
coffers, the escalation of fuel prices, maintenance costs for their 
vehicles,

[[Page S3405]]

the long days or weeks of travel--sacrificing time away from their 
families in order to make a living, feed their families, and finance 
the education of their children. And so, Mr. President, I ask, how can 
we afford to turn a blind eye to the plight of these Americans whose 
livelihood is so integral to commerce in the great country? Merely 
wishing the problem away or simply keeping it out of sight and out of 
mind is neither tenable nor acceptable.
  Make no mistake, not all brokers are bad actors, nor are all small 
business operators being exploited. That is precisely why the 
legislation Senator Brown and I are offering today does not place 
onerous burdens on the logistics industry. We merely seek to ensure 
that an industry under siege on several fronts receives what its 
purveyors are rightfully entitled to--equitable treatment and a modicum 
of transparency. Is it too much to ask that they may see for themselves 
in a transaction who, if anyone, is receiving a fuel surcharge, and how 
much is being paid out for the cost of fuel? Is it too much to ask for 
an assurance that, if the motor carrier is willing to pay the high cost 
of fuel at the pump while transporting goods across this nation, that 
carrier will be reimbursed? The answer to both questions is a 
resounding, ``No!'' The solution to addressing this regrettable 
situation is our common-sense legislation the consideration of which is 
long overdue.
  I urge all my colleagues who have small business motor carriers in 
their state to consider seriously this issue and lend their strong 
support to this welcomed legislation.
                                 ______