I
107TH CONGRESS
1ST SESSION
H. R. 2161
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
JUNE 13, 2001
Mr. RAHALL (for himself, Mr. BLUNT, Mr. MOLLOHAN, Mr. NEY, Mr. PETER-
SON of Minnesota, Mr. STRICKLAND, Mr. LIPINSKI, and Ms. BROWN of
Florida) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
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 2001’’.
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:
‘‘(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 De-
fense, Military Traffic Management Command’s ‘De-
fense Table of Official Distances’ or mileage guide
established pursuant to section 13703 (a)(1)(D).
‘‘(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
in section 14704(a), and neither the Secretary of Trans-
portation nor the Surface Transportation Board shall have
regulatory or enforcement authority relating to provisions
of this section.
‘‘§ 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 2001 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 privately negotiated fuel cost adjustment
provision in any contract or agreement to provide trans-
portation that is an amount necessary to compensate the
person responsible for paying for fuel for the amount of
increase in the cost of fuel.
‘‘(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
2001 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. MANDATORY PASS-THROUGH TO COST BEARER.
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 by section 13714 or provided for in
transportation contracts or agreements;
‘‘(B) shall disclose in writing to the equip-
ment lessor and lessee the amount of all freight
rates and charges and fuel surcharges applica-
ble to such transportation or service; and
‘‘(C) is prohibited from—
‘‘(i) intentionally reducing compen-
satory transportation costs (other than the
fuel surcharge) to the person responsible
for paying for fuel for the purpose of ad-
justing 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 pay-
ment under this section or section 13714.
‘‘(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), and
neither the Secretary of Transportation nor the Sur-
face Transportation Board shall have regulatory or
enforcement authority relating to provisions of this
subsection.’’.
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