Home > 106th Congressional Bills > H.R. 4441 (ih) To amend title 49, United States Code, to provide a mandatory fuel surcharge for transportation provided by certain motor carriers, and for other purposes. [Introduced in House] ...

H.R. 4441 (ih) To amend title 49, United States Code, to provide a mandatory fuel surcharge for transportation provided by certain motor carriers, and for other purposes. [Introduced in House] ...


Google
 
Web GovRecords.org


106th CONGRESS

  2d Session

                               H. R. 4441

_______________________________________________________________________

                                 AN ACT

  To amend title 49, United States Code, to provide a mandatory fuel 
 surcharge for transportation provided by certain motor carriers, and 
                          for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 4441

_______________________________________________________________________

                                 AN ACT


 
  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) Assessment of surcharge.--Any motor carrier, broker, 
        or freight forwarder subject to jurisdiction under chapter 135 
        regularly providing truck-load transportation service shall 
        assess under each contract or agreement for such service the 
        payor of transportation charges a surcharge under this section, 
        or a surcharge or other fuel cost adjustment permitted under 
        section 13715, 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). A surcharge 
        assessed under this section 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 motor carrier, broker, or freight 
        forwarder or other person responsible for paying for fuel for 
        the difference in the price of fuel between the Current Fuel 
        Price and the Fuel Price Norm determined under paragraph (2).
            ``(2) Benchmark.--
                    ``(A) In general.--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.
                    ``(B) Current fuel price.--The Current Fuel Price 
                referred to in paragraph (1) and subparagraph (A) shall 
                be determined from the latest weekly Energy Information 
                Administration's Average Retail On-Highway Diesel 
                Prices, National U.S. Average, as published by the 
                Department of Energy.
                    ``(C) Fuel price norm.--The Fuel Price Norm 
                referred to in paragraph (1) and subparagraph (A) shall 
                be determined by calculating the latest 52-week average 
                of the Average Retail On-Highway Diesel Prices referred 
                to in subparagraph (B).
    ``(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 payor of the related transportation 
        charges.
    ``(c) Factors.--For purposes of calculating a surcharge under this 
section--
            ``(1) average fuel economy is 5 miles per gallon for 
        calendar year 2000 and shall be determined on January 1 of such 
        year thereafter by the Secretary of Transportation; 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, any action to enforce this section under section 14704 
may only be brought by the motor carrier, broker, or freight forwarder 
that provided the transportation services against the payor of the 
transportation charges or by the payor of the transportation charges 
against the motor carrier, broker, of freight forwarder that provided 
the transportation services. In such action, a court shall only have 
the authority to determine whether a fuel surcharge assessed under this 
section has been assessed or paid. A court shall not have the authority 
in such action to review any other charges imposed by the provider of 
the transportation services. Neither the Secretary of Transportation 
nor the Surface Transportation Board shall have regulatory or 
enforcement authority relating to provisions of this section.
    ``(e) Effective Period.--Subsections (a) through (d) and section 
13715 shall be in effect beginning the 60th day following the date of 
the enactment of this section and ending September 30, 2003.
``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 2000 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 
reasonable privately negotiated fuel cost adjustment provision in any 
contract or agreement to provide transportation.
    ``(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 2000 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. 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 
                pursuant to section 13714, or fuel cost adjustment 
                permitted under section 13715, or provided for in 
                transportation contracts or agreements;
                    ``(B) shall disclose in writing to the person 
                responsible for paying for fuel the amount of all 
                freight rates and charges and fuel surcharges under 
                section 13714 and fuel cost adjustments permitted under 
                section 13715 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, the person responsible for paying for 
        fuel may only bring an action to enforce this section under 
        section 14704 against the motor carrier, freight forwarder, or 
        broker providing the transportation services with vehicles not 
        owned by it. Neither the Secretary of Transportation nor the 
        Surface Transportation Board shall have regulatory or 
        enforcement authority relating to provisions of this 
        subsection.
            ``(3) Effective period.--Paragraphs (1) and (2) shall be in 
        effect beginning the 60th day following the date of the 
        enactment of this section and ending September 30, 2003.''.

            Passed the House of Representatives October 10, 2000.

            Attest:

                                                                 Clerk.

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 S. 2559 (is) For the relief of Vijai Rajan. [Introduced in Senate] ...
2 S. 2882 (es) To authorize the Bureau of Reclamation to conduct certain feasibility studies to augment water supplies for the Klamath Project, Oregon and California, and for other purposes. [Engrossed in Senate] ...
3 H.R. 4110 (rh) To amend title 44, United States Code, to authorize appropriations for the National Historical Publications and Records Commission for fiscal years 2002 through 2005. [Reported in House] ...
4 S. 2924 (es) To strengthen the enforcement of Federal statutes relating to false identification, and for other purposes. [Engrossed in Senate] ...
5 H.R. 580 (ih) To amend the Internal Revenue Code of 1986 to apply the capital gains tax rates to capital gains earned by designated settlement funds. [Introduced in House] ...
6 H.R. 2383 (ih) To authorize the Secretary of the Interior to produce and sell products and to sell publications relating to the Hoover Dam, and to deposit revenues generated from the sales into the Colorado River Dam fund. [Introduced in House] %%Filename...
7 H.R. 4871 (rh) Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 2001, and for other purposes. [Reported i...
8 S. 2202 (is) To reliquidate certain entries of tomato sauce preparation. Entry Number Date of Entry [Introduced in Senate] ...
9 S. 2042 (rs) To reform the process by which the Office of the Pardon Attorney investigates and reviews potential exercises of executive clemency. [Reported in Senate] ...
10 S. 199 (rfh) For the relief of Alexandre Malofienko, Olga Matsko, and their son, Vladimir Malofienko. [Referred in House] ...
11 H.R. 1238 (ih) To combat the crime of international trafficking and to protect the rights of victims. [Introduced in House] ...
12 S. 1453 (eah) [Engrossed Amendment House] ...
13 H.R. 4233 (ih) To limit the amount of assistance for Egypt under the ``Foreign Military Financing Program'' account for fiscal year 2001. [Introduced in House] ...
14 S. 3071 (is) To provide for the appointment of additional Federal circuit and district judges, and for other purposes. [Introduced in Senate] ...
15 H.Con.Res. 122 (eh) [Engrossed in House] ...
16 H.R. 233 (rh) To designate the Federal building located at 700 East San Antonio Street in El Paso, Texas, as the ``Richard C. White Federal Building''. [Reported in House] ...
17 H.R. 5674 (ih) To establish an Election Administration Commission to study Federal, State, and local voting procedures and election administration and provide grants to modernize voting procedures and election administration, and for other purposes. [Intr...
18 H.R. 2462 (enr) To amend the Organic Act of Guam, and for other purposes. [Enrolled bill] ...
19 H.R. 4286 (rh) To provide for the establishment of the Cahaba River National Wildlife Refuge in Bibb County, Alabama. [Reported in House] ...
20 S. 2508 (pcs) To amend the Colorado Ute Indian Water Rights Settlement Act of 1988 to provide for a final settlement of the claims of the Colorado Ute Indian Tribes, and for other purposes. [Placed on Calendar Senate] ...
21 H.R. 5491 (ih) To suspend until June 30, 2003, the duty on certain R-core transformers. [Introduced in House] ...
22 S. 2455 (is) To enhance Department of Education efforts to facilitate the involvement of small business owners in State and local initiatives to improve education. [Introduced in Senate] ...
23 H.R. 2909 (ih) To provide for implementation by the United States of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and for other purposes. [Introduced in House] ...
24 H.R. 1664 (pp) Making emergency supplemental appropriations for military operations, refugee relief, and humanitarian assistance relating to the conflict in Kosovo, and for military operations in Southwest Asia for the fiscal year ending September 30, 199...
25 H.R. 1487 (rs) To provide for public participation in the declaration of national monuments under the Act popularly known as the Antiquities Act of 1906. [Reported in Senate] ...
26 H.R. 5257 (ih) To establish a term limit of ten years for the Director of the Census, and to provide that an individual may not serve more than one term as the Director. [Introduced in House] ...
27 H.R. 1231 (rs) To direct the Secretary of Agriculture to convey certain National Forest lands to Elko County, Nevada, for continued use as a cemetery. [Reported in Senate] ...
28 H.Con.Res. 165 (ih) Expressing United States policy toward the Slovak Republic. [Introduced in House] ...
29 H.R. 3323 (rh) To designate the Federal building located at 158-15 Liberty Avenue in Jamaica, Queens, New York, as the ``Floyd H. Flake Federal Building''. [Reported in House] ...
30 H.R. 4023 (ih) To amend title 36 of the United States Code with regard to observance of Constitution Week. [Introduced in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy