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) ASSESSMENT OF SURCHARGE.—Any motor
carrier, broker, or freight forwarder subject to juris-
diction 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 sec-
tion, 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 as-
sessed under this section by the motor carrier,
broker, or freight forwarder shall be calculated on
the basis of mileage or percentage of revenue (which-
ever basis the motor carrier, broker, or freight for-
warder elects) and shall be the amount necessary to
compensate the motor carrier, broker, or freight for-
warder 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 de-
termined under paragraph (2).
‘‘(2) BENCHMARK.—
‘‘(A) IN
GENERAL.—The benchmark re-
ferred to in paragraph (1) is the difference be-
tween the Current Fuel Price and the Fuel
Price Norm, when such difference exceeds
$0.05.
‘‘(B) CURRENT
FUEL
PRICE.—The Cur-
rent Fuel Price referred to in paragraph (1)
and subparagraph (A) shall be determined from
the latest weekly Energy Information Adminis-
tration’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 sub-
paragraph (A) shall be determined by calcu-
lating 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 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 payor of the related transpor-
tation charges.
‘‘(c) FACTORS.—For purposes of calculating a sur-
charge 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 trans-
portation charges or by the payor of the transportation
charges against the motor carrier, broker, of freight for-
warder 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 Sec-
retary of Transportation nor the Surface Transportation
Board shall have regulatory or enforcement authority re-
lating 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.
‘‘§ 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 pro-
hibit any motor carrier, broker, or freight forwarder from
including any reasonable privately negotiated fuel cost ad-
justment 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 sec-
tion or section 13714 during any period in which no fuel
surcharge is required under section 13714.’’.
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 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 BEAR-
ER.—
‘‘(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 re-
sponsible for paying for fuel any fuel surcharge
required pursuant to section 13714, or fuel cost
adjustment permitted under section 13715, or