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Union Calendar No. 521
106th CONGRESS
2d Session
H. R. 4441
[Report No. 106-865]
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
May 11, 2000
Mr. Rahall introduced the following bill; which was referred to the
Committee on Transportation
September 19, 2000
Additional sponsors: Mr. Blunt, Mr. Ney, Mr. Lipinski, Mr. Brown of
Florida, Mr. Bonior, Mr. Visclosky, Mr. Cummings, Mr. Strickland, Mr.
Mollohan, and Mr. Wise
September 19, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 11,
2000]
_______________________________________________________________________
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 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
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 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 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 enactment
of this section and ending September 30, 2003.''.
Union Calendar No. 521
106th CONGRESS
2d Session
H. R. 4441
[Report No. 106-865]
_______________________________________________________________________
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.
_______________________________________________________________________
September 19, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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