[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4727 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4727

 To enhance interstate commerce by creating a National Hiring Standard 
                          for Motor Carriers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2014

Mr. Duncan of Tennessee (for himself, Mr. Rodney Davis of Illinois, and 
 Mr. Paulsen) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To enhance interstate commerce by creating a National Hiring Standard 
                          for Motor Carriers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NATIONAL HIRING STANDARDS FOR MOTOR CARRIERS.

    (a) Limitation on State Law.--Subject to subsection (b), a State 
may not enforce a law or impose liability on an entity that hires a 
motor carrier for the transportation of property or household goods if 
such liability arises from a claim or cause of action related to the 
negligent selection of such motor carrier under common law, statutory 
law, or any rule, regulation, standard, or provision having the force 
of law, for personal injury, death, or damage caused to cargo or other 
property by such motor carrier.
    (b) Requirements for Waiver of Liability.--To be eligible for the 
liability waiver described in subsection (a), an entity shall, prior to 
tendering a shipment, but not more than 35 days before the pickup of a 
shipment by the hired motor carrier, verify that the motor carrier at 
the time of such verification--
            (1) if applicable, is registered with and authorized by the 
        Federal Motor Carrier Safety Administration to operate as a 
        motor carrier or household goods motor carrier;
            (2) has the minimum insurance coverage required by Federal 
        regulation; and
            (3) does not have an unsatisfactory safety rating issued by 
        Federal Motor Carrier Safety Administration, in force at the 
        time of the verification.
    (c) Definitions.--In this section--
            (1) the term ``entity'' means a person acting as a shipper, 
        or as a broker, as a consignee, a freight forwarder, or a 
        household goods freight forwarder as defined in section 13102 
        of title 49, United States Code, a Non-Vessel Operating Common 
        Carrier, an ocean freight forwarder, or an ocean transportation 
        intermediary, as defined in section 40102 of title 46, United 
        States Code;
            (2) the term ``motor carrier'' means a motor carrier or a 
        household goods motor carrier as defined in section 13102 of 
        title 49, United States Code, and subject to Federal motor 
        carrier financial responsibility and safety regulations; and
            (3) the term ``State'' means each of the 50 States, a 
        political subdivision thereof, any intrastate agency, any other 
        political agency of 2 or more States, the District of Columbia, 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin 
        Islands.
    (d) Applicability and Effective Date.--Notwithstanding any other 
provision of law, this section shall apply with respect to any action 
commenced on or after the date of enactment of this section without 
regard to whether the harm that is the subject of the action, or the 
conduct that caused the harm, occurred before such date of enactment.
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