[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2426 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2426

  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 SENATE OF THE UNITED STATES

                             July 20, 2023

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

_______________________________________________________________________

                                 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 2023''.

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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