[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Page S5721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2374. Mrs. FISCHER (for herself and Mr. Blunt) submitted an 
amendment intended to be proposed by her to the bill H.R. 22, to amend 
the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       On page 429, between lines 20 and 21, insert the following:

     SEC. 32009. INTERIM HIRING STANDARD.

       (a) Definitions.--In this section:
       (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); or
       (G) a warehouse (as defined in Article 7-102(13) of the 
     Uniform Commercial Code).
       (2) Motor carrier.--The term ``motor carrier'' means a 
     motor carrier or a household goods motor carrier (as such 
     terms are 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 each of the 50 States, 
     a political subdivision of any such State, 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.
       (b) National Hiring Standards for Motor Carriers.--
       (1) National standard.--Before tendering a shipment, but 
     not more than 35 days before the pickup of a shipment by the 
     hired motor carrier, an entity shall verify that the motor 
     carrier, at the time of such verification--
       (A) 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;
       (B) has the minimum insurance coverage required by Federal 
     law; and
       (C)(i) before the safety fitness determination regulations 
     are issued, does not have an unsatisfactory safety fitness 
     determination issued by the Federal Motor Carrier Safety 
     Administration in force at the time of such verification; or
       (ii) beginning on the date that safety fitness 
     determination regulations are implemented, does not have a 
     safety fitness rating issued by the Federal Motor Carrier 
     Safety Administration under such regulations that is the 
     equivalent of the unsatisfactory fitness rating referred to 
     in clause (i).
       (2) Interim use of data.--
       (A) In general.--Only evidence of an entity's compliance 
     with paragraph (1) may be admitted as evidence or otherwise 
     used in a civil action for damages resulting from a claim of 
     negligent selection or retention of such motor carrier 
     against the entity.
       (B) 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 proceeding in which it is asserted or alleged that an 
     entity's selection or retention of a motor carrier was 
     negligent.
       (C) Cessation of effectiveness.--Subparagraphs (A) and (B) 
     cease to be effective on the date of completion of the 
     certification under section 32003.
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