[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1120 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1120

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2015

 Mr. Duncan of Tennessee (for himself, Mr. Hanna, Mr. Rodney Davis of 
Illinois, Mr. Paulsen, and Mr. Meadows) 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 Immunity From Liability.--To be eligible for 
the liability immunity 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, an indirect air carrier authorized to operate 
        under a Standard Security Program approved by the 
        Transportation Security Administration, a customs broker 
        licensed in accordance with section 111.2 of title 19, Code of 
        Federal Regulations, an interchange motor carrier as defined by 
        and subject to the provisions of section 13902(i)(1)(B) and (2) 
        of title 49, or a warehouse as defined in Article 7-102(13) of 
        the Uniform Commercial Code as promulgated by the Uniform Law 
        Commission and American Law Institute;
            (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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