H.R. 5337

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

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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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