[House Report 106-865]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-865
======================================================================
MOTOR CARRIER FUEL COST EQUITY ACT OF 2000
_______
September 19, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4441]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (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, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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:
``Sec. 13714. Fuel surcharge
``(a) Mandatory Fuel Surcharge.--
``(1) Assessment of surcharge.--Any motor carrier, broker, or
freight forwarder subject to jurisdiction 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 transportation provided to
such payor commencing when an increase in the price of such
fuel surpasses the benchmark 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 carrier, broker, or freight
forwarder 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 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 subparagraph (A) shall
be determined from the latest weekly Energy Information
Administration'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 subparagraph (A) shall be
determined by calculating 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 tendered to the
motor carrier, broker, or freight forwarder;
``(2) itemized separately on the motor carrier, broker, or
freight forwarder's invoices; and
``(3) paid by the payor of the related transportation
charges.
``(c) Factors.--For purposes of calculating a surcharge 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
transportation 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 Transportation
nor the Surface Transportation Board shall have regulatory 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.
``Sec. 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 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, of freight forwarder from including any reasonable
privately negotiated fuel cost adjustment 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 enactment of the Motor Carrier Fuel Cost
Equity Act of 2000 that provides for a fuel adjustment under this
section or section 13714 during any period in which no fuel surcharge
is required under section 13714.''.
(b) Clerical Amendment.--The analysis for chapter 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 Bearer.--
``(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 responsible
for paying for fuel any fuel surcharge required
pursuant to section 13714, or fuel cost adjustment
permitted under section 13715, or provided for in
transportation contracts or agreements;
``(B) shall disclose in writing to the person
responsible for paying for fuel the amount of all
freight rates and charges and fuel surcharges under sec
tion 13714 and fuel cost adjustments permitted under
section 13715 applicable to such transportation or
service; and
``(C) is prohibited from--
``(i) intentionally reducing compensatory
transportation costs (other than the fuel
surcharge) to the person responsible for paying
for fuel for the purpose of adjusting 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 payment under this
section or section 13714.
``(2) Limitation on authority.--Notwithstanding any other
provision of this part, the person responsible for paying for
fuel may only bring an action to enforce this section under
section 14704 against the motor carrier, freight forwarder, or
broker providing the transportation services with vehicles not
owned by it. Neither the Secretary of Transportation nor the
Surface Transportation Board shall have regulatory or
enforcement authority relating to provisions of this
subsection.
``(3) Effective period.--Paragraphs (1) and (2) shall be in
effect beginning the 60th day following the date of enactment
of this section and ending September 30, 2003.''.
Introduction
The Motor Carrier Fuel Cost Equity Act of 2000 is a
targeted bill, designed to help those trucking companies and
independent operators that primarily provide truckload
transportation cope with surges in diesel fuel prices.
Independent truck drivers operate at a very low profit
margin, and even modest increases in overhead can diminish that
small return even further. Although larger motor carriers are
able to compensate for high diesel prices by negotiating
floating rates that are pegged to the cost of fuel, independent
operators and small truckload companies argue that they often
lack the necessary leverage or market share to pass added costs
on to shippers. Diesel fuel price spikes, such as the one the
U.S. experienced earlier this year, forced some small motor
carriers and independent operators to cancel deliveries and
keep their trucks in the driveway rather than drive
unprofitably.
These cancellations undoubtedly affect the industry. More
than two-thirds of the trucking operations in the country
operate six or fewer trucks. Owner-operators, who own their own
vehicle and lease their services to a motor carrier, do not
negotiate rates directly with the shipper. They collect the
rate that the motor carrier to whom they are leased has
contracted with shipper. When the price of diesel fuel suddenly
increases, the owner-operator, who bears the cost of the fuel,
cannot go to the shipper to renegotiate a rate that covers
these added costs.
H.R. 4441 establishes a diesel price benchmark that, when
surpassed, triggers a surcharge that a motor carrier, broker or
freight forwarder must assess to the shipper as part of the
total cost of transportation of truckload goods. In this way,
although the motor carrier, broker or freight forwarder would
have to absorb an increase in fuel costs, those costs would
ultimately be paid by the customer and passed through to the
entity bearing the cost.
The statutory trigger for the mandatory fuel surcharge is
the difference between the latest weekly average retail on-
highway diesel price as quoted by the Energy Information
Administration, and the most recent 52-week average of such on-
highway diesel prices. When the difference exceeds 5 cents-per-
gallon, the surcharge is imposed. Regardless of whether the
surcharge is calculated on the basis of mileage or as a percentage
of revenue, it must sufficiently cover the cost of the carrier's
fuel overhead when the price surges.
This bill does not abrogate current or ongoing truckload
transportation contracts, nor does it impair the ability of
shippers and providers of truckload transportation to enter
into future, privately negotiated fuel adjustments that are
included in contracts as long as they are reasonable.
It is not the intention of the Committee to re-regulate the
trucking industry, and nothing in this legislation should be
construed to be part an effort to set trucking rates. This
legislation is a response to a recent sharp increase in the
cost of diesel fuel, and after a three-year probationary
period, the bill will sunset. The surcharge provisions are
enforced through a private right of action, not through the
Secretary of Transportation or the Surface Transportation
Board.
Section-by-Section Summary
Section 1--Short title
The short title of the bill is the Motor Carrier Fuel Cost
Equity Act of 2000.
Section 2--Mandatory fuel surcharge
Section 2(a) creates two new sections of title 49, section
13714 and section 13715.
New section 13714(a) directs that any for truckload
transportation services, a fuel surcharge imposed under section
13714 or a privately negotiated fuel surcharge assessed
pursuant to section 13715 shall be imposed as part of any
contract or agreement for such transportation services. This
section applies only to companies whose principal business is
providing truckload transportation. Carriers that routinely
engage in less than truckload transportation are not subject to
the provisions of the bill even if they occasionally provide
truckload service. A surcharge under section 13714 shall be
assessed when the weekly average price of diesel fuel for that
week surpasses the 52-week average by more than five cents.
These prices are to be drawn from the Energy Information Agency
at the U.S. Department of Energy. The surcharge is calculated
and assessed on either the basis of miles driven and the
additional cost in fuel or by percentage of revenue, and shall
be the amount necessary to compensate the payor of fuel for the
increased fuel costs determined by section 13714(a)(2).
New section 13714(b) directs that the surcharge be
calculated on the date that the shipment is tendered to the
provider of transportation services, and that the surcharge be
itemized separately on the invoice.
New section 13714(c) sets the average fuel economy and
mileage distances to be used when calculating the amount of any
fuel surcharge.
New section 13714(d) sets a limitation on the types of
judicial actions that may be brought to enforce section 13714
to actions between the motor carrier, freight forwarder or
broker that provided for the services and the shipper and that
a court may only determine whether any surcharge assessed under
this section has been assessed or paid,and may not review any
other charges or actionsby any party. This subsection also clarifies
that neither the Secretary of Transportation nor the Surface
Transportation Board has regulatory or enforcement authority over
this section. The Committee intends that the enforcement of this
Act be entirely the responsibility of private parties using the
private right of action in title 49, section 14704, as provided
in the ICC Termination Act. This section authorized private
parties to enforce certain statutes and regulations as an alternative
to agency enforcement action.
New section (e) makes the requirement to include a fuel
surcharge under section 13714 or a negotiated fuel adjustment
included pursuant to section 13715 effective until September
30, 2003.
New subsection 13715(a) provides that no provision in
section 13714 shall abrogate or preclude any privately
negotiated fuel cost adjustment in any existing transportation
contract or agreement, or any renewal of such contract or
agreement. It also expressly permits any reasonable privately
negotiated fuel cost adjustment to be included in any new or
future contract or agreement. The purpose of this section is to
allow larger motor carriers to maintain established reasonable
fuel surcharge programs. The Committee intends that these
privately negotiated surcharges be reasonable so that the
payers of transportation services do not demand that a carrier
accept a token or minimal fuel surcharge for the purposes of
avoiding either the payment of the mandatory fuel surcharge or
the payment of a privately negotiated surcharge that reasonably
compensates the payer of fuel for its additional fuel costs.
New subsection 13715(b) clarifies that nothing in section
13714 shall prohibit entering into a contract or agreement that
includes a privately negotiated fuel surcharge when no
surcharge is required to be assessed under section 13714.
Section 2(b) conforms the table of contents in title 49 to
incorporate the two new sections created by the bill.
Section 3--Conforming amendment
This section makes conforming changes to section 14102 of
title 49. Existing section 14102 includes the rules established
under the Interstate Commerce Act for leased vehicles.
New subsection 14102(c) provides that a motor carrier,
freight forwarder or broker that collects a fuel surcharge
pursuant to section 13714 or fuel cost adjustment pursuant to
section 13715 must pass it on to the person paying the fuel
charges, disclose the amount of such surcharge or assessment
and is prohibited from intentionally attempting to avoid
assessing the surcharge or assessment. An operator of a leased
vehicle may only bring an action to enforce this section
against the carrier leasing such vehicle. Neither the Secretary
of Transportation nor the Surface Transportation Board has any
regulatory or enforcement authority over the right of action
described above. These changes shall be in effect until
September 30, 2003.
Hearings and Legislative History
On June 8, 2000 the Subcommittee on Ground Transportation
held a hearing on H.R. 4441, the Motor Carrier Fuel Cost Equity
Act of 2000. Representatives of both the trucking and shipping
industries offered testimony.
Committee Consideration
On July 19, 2000, the Subcommittee on Ground Transportation
adopted a bipartisan amendment in the nature of a substitute by
voice vote, and later that day, the Full Committee met in open
session and favorably reported H.R. 4441 as amended.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. A motion
by Mr. Shuster to order H.R. 4441 reported to the House was
agreed to by voice vote, a quorum being present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 4441
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4441 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 15, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4441, the Motor
Carrier Fuel Cost Equity Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are James
O'Keeffe (for federal costs), and Jean Wooster (for the
private-sector impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4441--Motor Carrier Fuel Cost Equity Act of 2000
Sixty days following enactment, H.R. 4441 would require
motor carriers, brokers, and freight forwarders to include a
fuel surcharge in their transportation services contracts under
certain circumstances. The bill would require those contracts
to contain a specified fuel surcharge, until September 30,
2003, if the average retail price of diesel fuel exceeds a
specified benchmark price. CBO estimates that implementing H.R.
4441 would not have a significant impact on the federal budget
because it would not expand the regulatory or enforcement
authorities of federal agencies. H.R. 4441 would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
H.R. 4441 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
signiciant costs on state, local, or tribal governments.
H.R. 4441 would impose private-sector mandates, as defined
by UMRA, on certain motor carriers, brokers, and freight
forwarders that regularly provide transportation service. CBO
cannot estimate the cost of the mandates because information on
existing financial and business arrangements among shippers,
motor carriers, brokers, freight forwarders, and independent
truckers is not available.
The bill would require motor carriers, brokers, and freight
forwarders to assess a surcharge or other fuel cost adjustment
in any new contract or agreement with shippers. The fuel cost
adjustment would be based on either a calculation specified in
H.R. 4441 or a privately negotiated formula. According to
information from industry sources, the administrative cost to
assess the fuel adjustment would be small, particularly because
this is now commonly done.
H.R. 4441 also would require motor carriers, brokers, and
freight forwarders to pass on any fuel adjustment to
independent truckers who they hire to transport the freight and
are responsible for purchasing the fuel. In addition, the bill
would require motor carriers, brokers, and freight forwarders
to disclose in writing to the independent truckers the amount
of that fuel adjustment collected from the shipper. Industry
sources indicate that the cost of disclosure would be small.
CBO cannot, however, estimate the amount of the fuel adjustment
that would be required to be passed on to the independent
truckers because information on existing financial and business
arrangements among shippers, motor carriers, brokers, freight
forwarders, and independent truckers is not available. As a
result, we cannot determine whether the total costs of private-
sector mandates imposed by H.R. 4441 would exceed the annual
threshold established by UMRA ($109 million in 2000, adjusted
annually for inflation).
The CBO staff contacts are James O'Keeffe (for federal
costs), and Jean Wooster (for the private-sector impact). This
estimatewas approved by Peter H. Fontaine, Deputy Assistant Director
for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of Rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 137--RATES AND THROUGH ROUTES
Sec.
13701. Requirements for reasonable rates, classifications,
* * * * * * *
13714. Fuel surcharge.
13715. Negotiated fuel adjustments.
* * * * * * *
Sec. 13714. Fuel surcharge
(a) Mandatory Fuel Surcharge.--
(1) Assessment of surcharge.--Any motor carrier,
broker, or freight forwarder subject to jurisdiction
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
transportation provided to such payor commencing when
an increase in the price of such fuel surpasses the
benchmark 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
carrier, broker, or freight forwarder 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 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
subparagraph (A) shall be determined from the
latest weekly Energy Information
Administration'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 subparagraph
(A) shall be determined by calculating 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 tendered
to the motor carrier, broker, or freight forwarder;
(2) itemized separately on the motor carrier, broker,
or freight forwarder's invoices; and
(3) paid by the payor of the related transportation
charges.
(c) Factors.--For purposes of calculating a surcharge 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 transportation 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 Transportation nor the Surface
Transportation Board shall have regulatory 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.
Sec. 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
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, of freight forwarder
from including any reasonable privately negotiated fuel cost
adjustment 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 enactment of the Motor
Carrier Fuel Cost Equity Act of 2000 that provides for a fuel
adjustment under this section or section 13714 during any
period in which no fuel surcharge is required under section
13714.
* * * * * * *
CHAPTER 141--OPERATIONS OF CARRIERS
* * * * * * *
SUBCHAPTER I--GENERAL REQUIREMENTS
* * * * * * *
Sec. 14102. Leased motor vehicles
(a) * * *
* * * * * * *
(c) Mandatory Pass-Through to Cost Bearer.--
(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
responsible for paying for fuel any fuel
surcharge required pursuant to section 13714,
or fuel cost adjustment permitted under section
[[Page 11]]
13715, or provided for in transportation
contracts or agreements;
(B) shall disclose in writing to the person
responsible for paying for fuel the amount of
all freight rates and charges and fuel
surcharges under section 13714 and fuel cost
adjustments permitted under section 13715
applicable to such transportation or service;
and
(C) is prohibited from--
(i) intentionally reducing
compensatory transportation costs
(other than the fuel surcharge) to the
person responsible for paying for fuel
for the purpose of adjusting 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 payment under this section
or section 13714.
(2) Limitation on authority.--Notwithstanding any
other provision of this part, the person responsible
for paying for fuel may only bring an action to enforce
this section under section 14704 against the motor
carrier, freight forwarder, or broker providing the
transportation services with vehicles not owned by it.
Neither the Secretary of Transportation nor the Surface
Transportation Board shall have regulatory or
enforcement authority relating to provisions of this
subsection.
(3) Effective period.--Paragraphs (1) and (2) shall
be in effect beginning the 60th day following the date
of enactment of this section and ending September 30,
2003.
* * * * * * *