[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8809 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8809
To establish a national motor carrier safety selection standard for
entities that contract with certain motor carriers to transport goods,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2024
Mr. Stauber (for himself, Ms. Van Duyne, Mr. Williams of New York, Mr.
Meuser, Mr. Yakym, and Mr. Rouzer) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish a national motor carrier safety selection standard for
entities that contract with certain motor carriers to transport goods,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Carrier Safety Selection
Standard Act of 2024''.
SEC. 2. MOTOR CARRIER SELECTION STANDARD OF CARE.
(a) Definitions.--In this section:
(1) Covered entity.--
(A) In general.--The term ``covered entity'' means
a person acting as--
(i) except as provided in subparagraph (B),
a shipper or consignee of goods;
(ii) a broker, a freight forwarder, or a
household goods freight forwarder (as those
terms are defined in section 13102 of title 49,
United States Code);
(iii) an ocean transportation intermediary
(as defined in section 40102 of title 46,
United States Code), when arranging for inland
transportation as part of an international
through movement involving ocean transportation
between the United States and a foreign port;
(iv) an indirect air carrier holding a
Standard Security Program approved by the
Transportation Security Administration, only to
the extent that the person acting as an
indirect air carrier is engaging in--
(I) activities as an air carrier
(as defined in section 40102 of title
49, United States Code); or
(II) air commerce (as defined in
that section);
(v) a customs broker licensed in accordance
with section 111.2 of title 19, Code of Federal
Regulations (or a successor regulation), only
to the extent that the person acting as a
customs broker is engaging in--
(I) a movement under a customs
bond; or
(II) a transaction involving
customs business (as defined in section
111.1 of that title (or a successor
regulation)); or
(vi) a motor carrier registered under
chapter 139 of title 49, United States Code.
(B) Exclusion.--The term ``covered entity'' does
not include a person acting as an individual shipper.
(2) Covered motor carrier.--The term ``covered motor
carrier'' means a motor carrier or a household goods motor
carrier that is subject to Federal motor carrier financial
responsibility and safety regulations.
(3) Household goods.--The term ``household goods'' has the
meaning given the term in section 13102 of title 49, United
States Code.
(4) Household goods motor carrier.--The term ``household
goods motor carrier'' has the meaning given the term in section
13102 of title 49, United States Code.
(5) Individual shipper.--The term ``individual shipper''
has the meaning given the term in section 13102 of title 49,
United States Code.
(6) Motor carrier.--The term ``motor carrier'' has the
meaning given the term in section 13102 of title 49, United
States Code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Selection Standard.--
(1) In general.--For any claim of negligent selection of a
motor carrier against a covered entity with respect to the
covered entity contracting with a covered motor carrier for the
shipment of goods or household goods, the covered entity shall
be considered reasonable and prudent in the selection of that
covered motor carrier if, not later than the date of shipment
and not earlier than 45 days before that date, the covered
entity verifies that the covered motor carrier--
(A) is registered under section 13902 of title 49,
United States Code, as a motor carrier or a household
goods motor carrier;
(B) has at least the minimum insurance coverage
required by Federal and State law; and
(C) has been confirmed by the Federal Motor Carrier
Safety Administration, including through a public
confirmation described in subsection (c)(1), to be in
compliance with all required Federal Motor Carrier
Safety Administration safety standards to operate as a
motor carrier.
(2) Sunset.--Paragraph (1) shall cease to be effective on
the effective date of a regulation promulgated under subsection
(d)(1).
(c) Public Confirmation.--The public confirmation described in
paragraph (1)(C) shall include 1 of the following statements, depending
on the status of the motor carrier:
(1) ``This motor carrier is confirmed to meet all operating
requirements of the Federal Motor Carrier Safety Administration
(FMCSA) and is authorized to operate on the nation's
roadways.''.
(2) ``This motor carrier is not confirmed to operate on the
nation's roadways and fails to meet 1 or more requirements of
the Federal Motor Carrier Safety Administration (FMCSA) to
operate as a motor carrier.''.
(d) Safety Fitness Rule.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate final
regulations amending appendix B to part 385 of title 49, Code
of Federal Regulations (or a successor regulation), to revise
the methodology for issuance of motor carrier safety fitness
determinations.
(2) Considerations.--In promulgating the regulations under
paragraph (1), the Secretary shall consider the use of all
available data to determine the fitness of a motor carrier.
(3) Factors for an unfit determination.--The regulations
promulgated under paragraph (1) shall provide a procedure for
the Secretary to determine whether a motor carrier is not fit
to operate a commercial motor vehicle in or affecting
interstate commerce in accordance with section 31144 of title
49, United States Code.
(4) Requirement.--The regulations promulgated under
paragraph (1) shall include the requirements described in
subsections (b)(1) and (c).
(e) Exemption for Individual Shippers.--For any claim of negligent
selection of a motor carrier against a person acting as an individual
shipper with respect to that person contracting with a covered motor
carrier for the shipment of goods or household goods, that person
shall, on demonstration that the person contracted with a covered motor
carrier, be considered reasonable and prudent in the selection of that
covered motor carrier without having to satisfy any of the requirements
described in subsection (b)(1) (or any similar requirement in the
regulations promulgated under subsection (d)(1)).
(f) Savings Clause.--Nothing in this Act preempts or supersedes any
State law (including regulations) relating to drayage.
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