I
106TH CONGRESS
2D SESSION
H. R. 4441
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
A BILL
To amend title 49, United States Code, to provide a manda-
tory fuel surcharge for transportation provided by certain
motor carriers, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 fol-
lowing:
‘‘§ 13714. Fuel surcharge
‘‘(a) MANDATORY FUEL SURCHARGE.—
‘‘(1) ESTABLISHMENT
OF
SURCHARGE.—Any
contract or agreement providing for truckload trans-
portation or service involving a motor carrier,
broker, or freight forwarder subject to jurisdiction
under chapter 135 who regularly provides such
transportation or service shall include a requirement
to assess a payor of transportation charges a min-
imum surcharge for fuel used in the transportation
provided to such payor commencing when an in-
crease in the price of such fuel surpasses the bench-
mark in paragraph (2). The surcharge assessed 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 person respon-
sible for paying for fuel for any increase in the price
of fuel from the Fuel Price Norm in paragraph (2).
‘‘(2) BENCHMARK.—The benchmark referred to
in paragraph (1) is the difference between the Cur-
rent Fuel Price and the Fuel Price Norm, when
such difference exceeds $0.05. The Current Fuel
Price shall be determined by the latest weekly En-
ergy Information Administration’s Average Retail
On-Highway Diesel Prices, National U.S. Average,
as published by the Department of Energy. The
Fuel Price Norm shall be determined by calculating
the latest 52-week average of such Retail On-High-
way Diesel Prices.
‘‘(b) IMPLEMENTATION.—The surcharge referred to
in subsection (a)(1) shall be—
‘‘(1) calculated on the date the shipment is ten-
dered to the motor carrier, broker, or freight for-
warder;
‘‘(2) itemized separately on the motor carrier,
broker, or freight forwarder’s invoices; and
‘‘(3) paid by the payer of transportation
charges.
‘‘(c) FACTORS.—For purposes of calculating a sur-
charge under this section—
‘‘(1) average fuel economy is 5 miles per gallon;
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, enforcement of this sec-
tion shall be through the private right of action provided
‘‘(C) is prohibited from reducing compen-
satory transportation costs (other than the fuel
surcharge) to the payer of fuel for the purpose
of adjusting for or avoiding the pass through of
the fuel surcharge.
‘‘(2) LIMITATION
ON
AUTHORITY.—Notwith-
standing any other provision of this part, enforce-
ment of this section shall be through the private
right of action provided in section 14704(a) of title
49, United States Code, and neither the Secretary of
Transportation nor the Surface Transportation
Board shall have regulatory or enforcement author-
ity relating to provisions of this subsection.’’.
SEC. 4. SAVINGS CLAUSE.
Nothing in this Act shall be deemed to abrogate pro-
visions relating to fuel surcharges in any transportation
contract or agreement in effect on the date of enactment
of this Act and any renewal of such a contract or agree-
ment thereafter.
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