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I
116TH CONGRESS
2D SESSION
H. R. 8513
To establish a standard for the reasonableness of motor carriers for the
shipment of goods or household goods, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 2, 2020
Mr. GIBBS introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To establish a standard for the reasonableness of motor
carriers for the shipment of goods or household goods,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘CSA Reform Act’’.
4
SEC. 2. COMPLIANCE, SAFETY, AND ACCOUNTABILITY RE-
5
FORM.
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(a) MOTOR CARRIER SAFETY GRANTS.—
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(1) IN GENERAL.—
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(A) SELECTION STANDARD.—For any ap-
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plicable legal requirement with respect to a cov-
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•HR 8513 IH
ered entity contracting with a covered motor
1
carrier for the shipment of goods or household
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goods, the covered entity shall be considered
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reasonable and prudent in the selection of such
4
motor carrier if the covered entity verifies, not
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later than the date of shipment and not earlier
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than 45 days before the date of shipment, that
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the covered motor carrier—
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(i) is registered under section 13902
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of title 49, United States Code, as a motor
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carrier or household goods motor carrier;
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(ii) has at least the minimum insur-
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ance coverage required by Federal and
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State law; and
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(iii) is not determined unfit to operate
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safely commercial motor vehicles under
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section 31144 of title 49, United States
17
Code, or otherwise ordered to discontinue
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operations by the Federal Motor Carrier
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Safety Administration (including not re-
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newing a Department of Transportation
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registration number) or a State.
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(B) SUNSET.—The standard established
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under paragraph (1) shall sunset on the effec-
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•HR 8513 IH
tive date of a regulation issued pursuant to sub-
1
section (c).
2
(2) REVOCATION
OF
REGISTRATION.—Section
3
31144(a) of title 49, United States Code, is amend-
4
ed—
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(A) in paragraph (3) by striking ‘‘and’’;
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(B) in paragraph (4) by striking the period
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and inserting ‘‘; and’’; and
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(C) by adding at the end the following:
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‘‘(5) prescribe by regulation a process for revok-
10
ing the registration of an owner or operator deter-
11
mined unfit to operate safely a commercial motor ve-
12
hicle under this section.’’.
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(3) RULEMAKING.—
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(A) IN
GENERAL.—Not later than 18
15
months after the date of enactment of this Act,
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the Secretary of Transportation shall—
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(i) update and revise the regulations
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issued pursuant to subsection (b) of sec-
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tion 31144 of title 49, United States Code,
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to include the requirements of subsection
21
(a); and
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(ii) issue such regulations as are nec-
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essary to carry out section 31144(a)(5) of
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•HR 8513 IH
title 49, United States Code, as added by
1
this Act.
2
(B) FACTORS
FOR
AN
UNSATISFACTORY
3
RATING.—The regulations updated under para-
4
graph (1)(A) shall provide a procedure for the
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Secretary to determine if a motor carrier is not
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fit to operate a commercial motor vehicle in or
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affecting interstate commerce in accordance
8
with section 31144 of title 49, United States
9
Code.
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(4) SAVINGS CLAUSE.—Nothing in this section
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shall be construed to preempt or supercede any
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State law or regulation relating to drayage.
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(5) DEFINITIONS.—In this section:
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(A) COVERED
ENTITY.—The term ‘‘cov-
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ered entity’’ means a person acting as—
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(i) a shipper or cosignee of goods, ex-
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cept that such term does not mean a per-
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son acting as an individual shipper (as
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such term is defined in section 13103 of
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title 49, United States Code);
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(ii) a broker, a freight forwarder, or a
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household goods freight forwarder (as such
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terms are defined in section 13102 of title
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49, United States Code);
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•HR 8513 IH
(iii) an ocean transportation inter-
1
mediary (as such term is defined in section
2
40102 of title 46, United States Code),
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when arranging for inland transportation
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as part of an international through move-
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ment involving ocean transportation be-
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tween the United States and a foreign
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port;
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(iv) an indirect air carrier holding a
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Standard Security Program approved by
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the Transportation Security Administra-
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tion only to the extent that the indirect air
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carrier is engaging in the activities as an
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air carrier defined in paragraph (2) or (3)
14
of section 40102 of title 49, United States
15
Code;
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(v) a customs broker licensed in ac-
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cordance with section 111.2 of title 19,
18
Code of Federal Regulations, only to the
19
extent that the customs broker is engaging
20
in a movement under a customs bond or in
21
a transaction involving customs business,
22
as defined by section 111.1 of title 19,
23
Code of Federal Regulations; or
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•HR 8513 IH
(vi) a motor carrier registered under
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chapter 139 of title 49, United States
2
Code.
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(B) COVERED MOTOR CARRIER.—The term
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‘‘covered motor carrier’’ means a motor carrier
5
or a household goods motor carrier (as such
6
terms are defined in section 13102 of title 49,
7
United States Code) that is subject to Federal
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motor carrier financial responsibility and safety
9
regulations.
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(C)
HOUSEHOLD
GOODS.—The
term
11
‘‘household goods’’ has the meaning given such
12
term in section 13102 of title 49, United States
13
Code.
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(D) SECRETARY.—The term ‘‘Secretary’’
15
means the Secretary of Transportation.
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(b) REMOTE AUDIT.—Section 31144 of title 49,
17
United States Code, is amended by adding at the end the
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following:
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‘‘(j) REMOTE AUDITS.—
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‘‘(1) IN GENERAL.—The Secretary shall estab-
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lish a pilot program to conduct remote compliance
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reviews under subpart A of part 385 of title 49,
23
Code of Federal Regulations, to assign a safety rat-
24
ing for commercial motor carriers.
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‘‘(2) CONTENTS.—In conducting the pilot pro-
1
gram, the Secretary shall—
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‘‘(A) use the same standards that would
3
otherwise be applicable to commercial motor
4
carriers;
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‘‘(B) apply the procedures of part 385 of
6
title 49, Code of Federal Regulations, including
7
the safety fitness rating methodology under ap-
8
pendix B, prior to assigning a safety rating
9
under such pilot program;
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‘‘(C) assign safety ratings regardless of
11
whether an on-site review of activities has taken
12
place; and
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‘‘(D) leverage all available technology to
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access information and records.
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‘‘(3) ELIGIBLE PARTICIPANTS.—
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‘‘(A) IN
GENERAL.—Motor carriers that
17
are eligible to participate in the pilot program
18
under this subsection shall—
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‘‘(i) voluntarily agree to participate in
20
such pilot program; and
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‘‘(ii) be able to opt-out of participa-
22
tion at any time.
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‘‘(B) PROHIBITION ON PARTICIPATION.—
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Motor carriers that transport hazardous mate-
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•HR 8513 IH
rials or passengers shall be prohibited from par-
1
ticipating in the pilot program under this sec-
2
tion.
3
‘‘(4) AUTHORIZED
AGENTS.—Remote compli-
4
ance reviews conducted under the pilot program
5
under this section may be conducted by—
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‘‘(A) Federal Motor Carrier Safety Admin-
7
istration personnel;
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‘‘(B) State commercial motor vehicle au-
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thorities that meet acceptable standards set
10
forth by the Secretary; or
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‘‘(C) private contractors that meet accept-
12
able standards set forth by the Secretary.
13
‘‘(5) AVAILABILITY
OF
SAFETY
RATINGS.—
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Safety ratings determined under the pilot program
15
under this subsection may not be released publicly
16
by the Secretary or by any authorized agent de-
17
scribed in paragraph (4) that is participating in the
18
pilot program under this subsection.’’.
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Æ
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