§10751. Business entertainment expenses

(a) Any business entertainment expense incurred by a person providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title shall not constitute a violation of section 10741 or 10761 of this title if such expense would not be unlawful if incurred by a person or corporation not subject to such jurisdiction of the Commission.

(b) Any business entertainment expense authorized under this section that is paid or incurred by a person providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title shall not be taken into account in determining the cost of service or the rate base for purposes of this subtitle.

(c) Within 180 days after the date of enactment of the Motor Carrier Act of 1980, the Commission shall institute a rulemaking proceeding pursuant to which it shall issue rules establishing appropriate standards and guidelines for authorized business entertainment expenses under this section. Such standards and guidelines shall be consistent with standards and guidelines applicable under existing law to persons not subject to this subtitle, including competing unregulated surface transportation carriers.

(Added Pub. L. 96–296, §33(a), July 1, 1980, 94 Stat. 824 ; amended Pub. L. 96–448, title II, §215(a), Oct. 14, 1980, 94 Stat. 1915 ; Pub. L. 103–272, §4(j)(25), July 5, 1994, 108 Stat. 1369 .)

References in Text

The date of enactment of the Motor Carrier Act of 1980, referred to in subsec. (c), is the date of enactment of Pub. L. 96–296, which was approved July 1, 1980.

Amendments

1994-Subsec. (b). Pub. L. 103–272 substituted "purposes of this subtitle" for "purposes of this title".

1980-Subsecs. (a), (b). Pub. L. 96–448 struck out "(other than transportation by rail)" after "chapter 105 of this title".

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Retroactive Application of Provisions of Subsection (a) for Transportation by Rail

Section 215(b) of Pub. L. 96–448 provided that: "The provisions of section 10751 of title 49, United States Code, as amended by subsection (a) of this section, shall apply to any expense of the type described in subsection (a) of such section 10751 that was incurred prior to the effective date of this Act [Oct. 1, 1980] (other than an expense with respect to which a penalty was paid pursuant to section 10761 of such title 49) or that is incurred on or after such effective date."

Section Referred to in Other Sections

This section is referred to in sections 10741, 10761 of this title.