IB
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 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 following:
‘‘§ 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 section,
or a surcharge or other fuel cost adjustment permitted
under section 13715, for fuel used in the transpor-
tation provided to such payor commencing when an
increase in the price of such fuel surpasses the bench-
mark 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 car-
rier, broker, or freight forwarder or other person re-
sponsible 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 sub-
paragraph (A) shall be determined from the lat-
est weekly Energy Information Administration’s
Average Retail On-Highway Diesel Prices, Na-
tional U.S. Average, as published by the Depart-
ment of Energy.
‘‘(C) FUEL PRICE NORM.—The Fuel Price
Norm referred to in paragraph (1) and subpara-
graph (A) shall be determined by calculating the
latest 52-week average of the Average Retail On-
Highway Diesel Prices referred to in subpara-
graph (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 transpor-
tation 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 Transpor-
tation nor the Surface Transportation Board shall have reg-
ulatory 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.
‘‘§ 13715. Negotiated fuel adjustments
‘‘(a) IN GENERAL.—Nothing in section 13714 shall be
construed to abrogate provisions relating to fuel cost adjust-
ments 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 provi-
sion in any contract or agreement to provide transpor-
tation.