H.R. 5977 – Reading Mode

110th CONGRESS

2d Session

H. R. 5977

IN THE HOUSE OF REPRESENTATIVES

May 6, 2008

Mr. DeFazio (for himself, Mr. Petri, and Mr. Ellsworth) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to require a motor carrier, broker, or freight forwarder that collects a fuel surcharge to disclose and pay the fuel surcharge to the person responsible for bearing the cost of the fuel, and for other purposes.

Short title

This Act may be cited as the Trust in Reliable Understanding of Consumer Costs Act or the TRUCC Act.

Disclosure and pass through of motor carrier fuel costs

(a)

In general

Section 14102 of title 49, United States Code, is amended by adding at the end the following:

(c)

Disclosure and pass through to cost bearer

A motor carrier, broker, or freight forwarder providing or arranging transportation or service using fuel for which it does not bear the cost shall provide to the person that bears the cost of such fuel—

(1)

a payment in an amount equal to the charges, invoiced or otherwise presented to the person directly responsible to the motor carrier, broker, or freight forwarder, which relate to the cost of the fuel; and

(2)

at the time payment is made under paragraph (1), a written list that specifically identifies any freight charge, brokerage fee or commission, fuel surcharge or adjustment, and any other charges invoiced or otherwise presented to the person described in paragraph (1).

(b)

Billing and collection practices

Section 13708(b) of title 49, United States Code, is amended to read as follows:

(b)

False or misleading information

No person may cause a motor carrier, broker, or freight forwarder to present false or misleading information on a document or in an oral representation about the actual rate, charge, or allowance to any party to the transaction or transportation.