119-hr5337

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5337 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5337

 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 HOUSE OF REPRESENTATIVES

 September 11, 2025

 Mr. Stauber introduced the following bill; which was referred to the 
 Committee on Transportation and Infrastructure

_______________________________________________________________________

 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 2024''.

SEC. 2. MOTOR CARRIER SELECTION STANDARD OF CARE.

    (a) 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
            (c) (1) .

    (b) 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.''.
            (c) 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

    (a)

    (1) and

    (b) .
            (d) 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

    (a)

    (1) (or any similar requirement in the 
regulations promulgated under subsection
            (c) (1) ).

    (e) Savings Clause.--Nothing in this Act preempts or supersedes any 
State law (including regulations) relating to drayage.

    (f) 

=== 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, except for motor 
 carriers that operate commercial motor vehicles of passengers, 
 as defined in 

section 31101

    (1)
        (B) of 49, United States Code.

    (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, except for motor carriers that operate commercial 
 motor vehicles of passengers, as defined in 

section 31101

    (1)
        (B) of 49, United States Code.

    (7) Secretary.--The term ``Secretary'' means the Secretary 
 of Transportation.
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