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II
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 stand-
ard of care for the selection by certain entities of motor
carriers.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Transportation and
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Logistics Hiring Reform Act of 2020’’.
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SEC. 2. MOTOR CARRIER SELECTION STANDARD OF CARE.
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(a) IN GENERAL.—Chapter 131 of title 49, United
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States Code, is amended by adding at the end the fol-
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lowing:
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‘‘§ 13104. Motor carrier selection standard of care
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‘‘(a) DEFINITIONS.—In this section:
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‘‘(1) COVERED ENTITY.—
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‘‘(A) IN GENERAL.—The term ‘covered en-
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tity’ means a person acting as—
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‘‘(i) a shipper;
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‘‘(ii) a consignee;
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‘‘(iii) a broker;
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‘‘(iv) a freight forwarder;
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‘‘(v) a household goods freight for-
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warder;
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‘‘(vi) an ocean transportation inter-
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mediary;
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‘‘(vii) an indirect air carrier;
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‘‘(viii) a customs broker; or
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‘‘(ix) a motor carrier.
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‘‘(B) EXCLUSIONS.—The term ‘covered en-
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tity’ does not include—
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‘‘(i) an individual shipper; or
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‘‘(ii) a broker for the transportation
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of passengers.
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‘‘(2) MOTOR CARRIER.—The term ‘motor car-
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rier’ means a motor carrier (including a household
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goods motor carrier) that is subject to the jurisdic-
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tion of the Secretary under section 13501.
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‘‘(b) STANDARD OF CARE.—Before tendering a ship-
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ment, but not more than 45 days before the date on which
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the shipment is picked up by a motor carrier, a covered
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entity shall verify that the motor carrier, as of the time
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of the verification—
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‘‘(1) is registered under section 13902;
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‘‘(2) does not have an unsatisfactory safety fit-
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ness rating; and
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‘‘(3) has not otherwise been ordered to dis-
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continue operations by the Federal Motor Carrier
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Safety Administration.
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‘‘(c) APPLICATION OF STANDARD OF CARE.—In any
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civil action in Federal or State court for damages in which
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it is asserted or alleged that a covered entity acted neg-
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ligently in the selection or retention of a motor carrier,
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the covered entity shall be considered to have acted rea-
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sonably and prudently in the selection of the motor carrier
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for the transportation of property if the covered entity es-
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tablishes that the covered entity verified information relat-
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ing to the motor carrier through the Federal Motor Car-
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rier Safety Administration, in accordance with subsection
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(b).’’.
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(b) CLERICAL AMENDMENT.—The analysis for chap-
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ter 131 of title 49, United States Code, is amended by
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adding at the end the following:
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‘‘§ 13104. Motor carrier selection standard of care.’’.
Æ
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