II 

110TH CONGRESS 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevention of Unrea5 sonable Fees Act’’. 

6 SEC. 2. PREVENTION OF UNREASONABLE FEES. 

7 Section 14501(d) of title 49, United States Code is 

8 amended— 


wwoods2 on PRODPC68 with BILLS
2 

•S 3667 IS 

1 (1) by striking ‘‘on account of the fact that a 

2 motor vehicle’’ and inserting ‘‘to be paid by or with 

3 respect to a motor vehicle that’’; 

4 (2) by redesignating paragraph (3) as para5 graph (4); 

6 (3) by inserting after paragraph (2) the fol7 lowing: 

8 ‘‘(3) TRANSPORTATION TERMINAL FEES.— 

9 ‘‘(A) FEES PROHIBITED.—An operator of 

10 a transportation terminal that, at any time 

11 after the date of enactment of the Prevention of 

12 Unreasonable Fees Act, uses any Federal funds 

13 for construction, expansion, renovation, or other 

14 capital improvement of that transportation ter15 minal, or for the purchase or lease of any 

16 equipment installed in that transportation ter17 minal or on its property, may not charge any 

18 fee to a provider of pre-arranged ground trans19 portation service described in paragraph (1)(B), 

20 except— 

21 ‘‘(i) a fee charged to the general pub22 lic for access to or use of any part of the 

23 transportation terminal; or 

24 ‘‘(ii) a fee for the availability of ancil25 lary facilities at the transportation terVerDate Aug 31 2005 02:57 Oct 04, 2008 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3667.IS S3667

wwoods2 on PRODPC68 with BILLS
3 

•S 3667 IS 

1 minal that is reasonable in relation to the 

2 costs of operating the ancillary facilities. 

3 ‘‘(B) DEFINITIONS.—In this subsection: 

4 ‘‘(i) TRANSPORTATION TERMINAL.— 

5 The term ‘transportation terminal’ means 

6 any airport, port facility for ships or boats, 

7 train station, or bus terminal, including 

8 any principal buildings and all ancillary 

9 buildings, roads, runways, and other facili10 ties. 

11 ‘‘(ii) ANCILLARY FACILITIES.—The 

12 term ‘ancillary facilities’ includes rest13 rooms, vending machines, monitoring fa14 cilities that advise parties accessing the 

15 transportation terminal of arrivals or de16 partures of aircraft, buses, trains, ships, or 

17 boats, and such other facilities determined 

18 by the Secretary to be necessary, appro19 priate, desirable, or useful to the business 

20 of providing pre-arranged ground transpor21 tation service.’’; 

22 (4) by striking ‘‘an airport, train, or bus’’ in 

23 subparagraph (B) of paragraph (4), as redesignated, 

24 and inserting ‘‘a transportation’’; 


wwoods2 on PRODPC68 with BILLS
4 

•S 3667 IS 

1 (5) by striking ‘‘and’’ after the semicolon in 

2 such subparagraph (B); 

3 (6) by redesignating subparagraph (C) as sub4 paragraph (D); 

5 (7) by striking ‘‘service.’’ in subparagraph (D), 

6 as redesignated, and inserting ‘‘service; or’’; 

7 (8) by inserting after subparagraph (B) the fol8 lowing: 

9 ‘‘(C) as prohibiting or restricting a trans10 portation terminal operator from requiring vehi11 cles that cannot safely use parking facilities 

12 that are otherwise available to the general pub13 lic to use segregated facilities, if the fee for 

14 such facilities is no more than is charged to the 

15 public for similar facilities;’’; and 

16 (9) by inserting after subparagraph (D), as re17 designated, the following: 

18 ‘‘(E) as restricting the right of any State 

19 or political subdivision of a State to require a 

20 license or fee (other than a fee by a transpor21 tation terminal operator prohibited by para22 graph (3)) with respect to a vehicle that is pro23 viding transportation not described in para24 graph (1).’’. 


wwoods2 on PRODPC68 with BILLS
5 

•S 3667 IS 

1 SEC. 3. REGULATIONS. 

2 (a) IN GENERAL.—Not later than December 31, 

3 2010, the Secretary of Transportation shall promulgate 

4 regulations to carry out the provisions of section 14501(d) 

5 of title 49, United States Code, as amended by section 

6 2 of this Act. 

7 (b) PROVISIONS.—The regulations promulgated pur8 suant to subsection (a) shall include— 

9 (1) a comprehensive list of the ancillary facili10 ties determined by the Secretary to be necessary, ap11 propriate, desirable, and useful to the business of 

12 the provision of pre-arranged ground transportation 

13 service; 

14 (2) a schedule of suggested fees for such ancil15 lary facilities that may be charged by any transpor16 tation terminal operator to a provider of pre-ar17 ranged ground transportation service for the avail18 ability of that ancillary facility, where such fee is de19 termined by the Secretary to be reasonable in rela20 tion to the costs of operating the ancillary facility; 

21 (3) a requirement that any fee proposed by a 

22 transportation terminal operator for the availability 

23 of an ancillary facility may not be greater than the 

24 fee for that facility provided in the schedule de25 scribed in paragraph (2), unless the fee is approved 

26 in advance by the Secretary after a public hearing 


wwoods2 on PRODPC68 with BILLS
6 

•S 3667 IS 

1 and determination that the proposed fee and the 

2 amount of the fee for the availability of that ancil3 lary facility at that transportation terminal is rea4 sonable in relation to the costs of operating the an5 cillary facility and otherwise complies with such sub6 section (d); and 

7 (4) such other provisions as are determined 

8 necessary or appropriate by the Secretary to carry 

9 out section 14501(d) of title 49, United States Code, 

10 as amended by section 2 of this Act, in a manner 

11 that prevents the imposition by a transportation ter12 minal operator of— 

13 (A) fees to be paid by or with respect to 

14 a motor vehicle that is providing prearranged 

15 ground transportation service; or 

16 (B) any other discriminatory or punitive 

17 action or measure against or with respect to a 

18 motor vehicle that is providing prearranged 

19 ground transportation service. 

Æ 


wwoods2 on PRODPC68 with BILLS