[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1345 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1345

 To enhance interstate commerce by creating a national hiring standard 
              for motor carriers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2017

  Mrs. Fischer (for herself, Mr. Crapo, and Mr. Blunt) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To enhance interstate commerce by creating a national hiring standard 
              for motor carriers, 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 ``Transportation and Logistics Hiring 
Reform Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Entity.--The term ``entity'' means a person acting as--
                    (A) a shipper, except for an individual shipper (as 
                defined in section 13102 of title 49, United States 
                Code) or a consignee;
                    (B) a broker, a freight forwarder, or a household 
                goods freight forwarder (as such terms are defined in 
                section 13102 of title 49, United States Code);
                    (C) a non-vessel-operating common carrier, an ocean 
                freight forwarder, or an ocean transportation 
                intermediary (as such terms are defined in section 
                40102 of title 46, United States Code);
                    (D) an indirect air carrier authorized to operate 
                under a standard security program approved by the 
                Transportation Security Administration;
                    (E) a customs broker licensed in accordance with 
                section 111.2 of title 19, Code of Federal Regulations;
                    (F) an interchange motor carrier subject to 
                paragraphs (1)(B) and (2) of section 13902(i) of title 
                49, United States Code; or
                    (G) a warehouse (as defined in Article 7-102 of the 
                Uniform Commercial Code).
            (2) Motor carrier.--The term ``motor carrier'' means a 
        motor carrier (as defined in section 13102 of title 49, United 
        States Code) that is subject to Federal motor carrier financial 
        responsibility and safety regulations.
            (3) State.--The term ``State'' means--
                    (A) each of the 50 States;
                    (B) a political subdivision of any such State;
                    (C) an intrastate agency;
                    (D) any other political agency of two or more 
                States;
                    (E) the District of Columbia;
                    (F) American Samoa;
                    (G) the Commonwealth of the Northern Mariana 
                Islands;
                    (H) the Commonwealth of Puerto Rico;
                    (I) the Territory of Guam; and
                    (J) the Virgin Islands of the United States.

SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CARRIERS.

    (a) National Standard.--Before tendering a shipment, but not more 
than 35 days before the pickup of the shipment by the hired motor 
carrier, an entity shall verify that the motor carrier, at the time of 
such verification--
            (1) is registered with and authorized by the Federal Motor 
        Carrier Safety Administration to operate as a motor carrier or 
        household goods motor carrier, if applicable;
            (2) has the minimum insurance coverage required by Federal 
        law;
            (3) does not have an unsatisfactory safety rating issued by 
        the Federal Motor Carrier Safety Administration in force; and
            (4) has not otherwise been ordered by the Federal Motor 
        Carrier Safety Administration to discontinue operations.
    (b) Intended Use of Data.--
            (1) In general.--Only evidence of an entity's compliance 
        with subsection (a) may be admitted as evidence or otherwise 
        used in a civil action for damages resulting from a case or 
        legal proceeding in which it is asserted or alleged that an 
        entity's selection or retention of a motor carrier was 
        negligent.
            (2) Excluded evidence.--All other motor carrier data 
        created or maintained by the Federal Motor Carrier Safety 
        Administration, including safety measurement system data or 
        analysis of such data, may not be admitted into evidence in a 
        case or legal proceeding described in paragraph (1).

SEC. 4. APPLICABILITY AND EFFECTIVE DATE.

    Notwithstanding any other provision of law, this Act shall apply 
with respect to any action commenced on or after the date of the 
enactment of this Act 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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