[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4722 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4722

To amend title 49, United States Code, to establish a standard of care 
        for the selection by certain entities of motor carriers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

 Mrs. Fischer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to establish a standard of care 
        for the selection by certain entities of motor carriers.

    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 2020''.

SEC. 2. MOTOR CARRIER SELECTION STANDARD OF CARE.

    (a) In General.--Chapter 131 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 13104. 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) a shipper;
                            ``(ii) a consignee;
                            ``(iii) a broker;
                            ``(iv) a freight forwarder;
                            ``(v) a household goods freight forwarder;
                            ``(vi) an ocean transportation 
                        intermediary;
                            ``(vii) an indirect air carrier;
                            ``(viii) a customs broker; or
                            ``(ix) a motor carrier.
                    ``(B) Exclusions.--The term `covered entity' does 
                not include--
                            ``(i) an individual shipper; or
                            ``(ii) a broker for the transportation of 
                        passengers.
            ``(2) Motor carrier.--The term `motor carrier' means a 
        motor carrier (including a household goods motor carrier) that 
        is subject to the jurisdiction of the Secretary under section 
        13501.
    ``(b) Standard of Care.--Before tendering a shipment, but not more 
than 45 days before the date on which the shipment is picked up by a 
motor carrier, a covered entity shall verify that the motor carrier, as 
of the time of the verification--
            ``(1) is registered under section 13902;
            ``(2) does not have an unsatisfactory safety fitness 
        rating; and
            ``(3) has not otherwise been ordered to discontinue 
        operations by the Federal Motor Carrier Safety Administration.
    ``(c) Application of Standard of Care.--In any civil action in 
Federal or State court for damages in which it is asserted or alleged 
that a covered entity acted negligently in the selection or retention 
of a motor carrier, the covered entity shall be considered to have 
acted reasonably and prudently in the selection of the motor carrier 
for the transportation of property if the covered entity establishes 
that the covered entity verified information relating to the motor 
carrier through the Federal Motor Carrier Safety Administration, in 
accordance with subsection (b).''.
    (b) Clerical Amendment.--The analysis for chapter 131 of title 49, 
United States Code, is amended by adding at the end the following:

``Sec.  13104. Motor carrier selection standard of care.''.
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