[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8513 Introduced in House (IH)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CSA Reform Act''.
SEC. 2. COMPLIANCE, SAFETY, AND ACCOUNTABILITY REFORM.
(a) Motor Carrier Safety Grants.--
(1) In general.--
(A) Selection standard.--For any applicable legal
requirement with respect to a 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 such motor carrier if the covered
entity verifies, not later than the date of shipment
and not earlier than 45 days before the date of
shipment, that the covered motor carrier--
(i) is registered under section 13902 of
title 49, United States Code, as a motor
carrier or household goods motor carrier;
(ii) has at least the minimum insurance
coverage required by Federal and State law; and
(iii) is not determined unfit to operate
safely commercial motor vehicles under section
31144 of title 49, United States Code, or
otherwise ordered to discontinue operations by
the Federal Motor Carrier Safety Administration
(including not renewing a Department of
Transportation registration number) or a State.
(B) Sunset.--The standard established under
paragraph (1) shall sunset on the effective date of a
regulation issued pursuant to subsection (c).
(2) Revocation of registration.--Section 31144(a) of title
49, United States Code, is amended--
(A) in paragraph (3) by striking ``and'';
(B) in paragraph (4) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) prescribe by regulation a process for revoking the
registration of an owner or operator determined unfit to
operate safely a commercial motor vehicle under this
section.''.
(3) Rulemaking.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary of
Transportation shall--
(i) update and revise the regulations
issued pursuant to subsection (b) of section
31144 of title 49, United States Code, to
include the requirements of subsection (a); and
(ii) issue such regulations as are
necessary to carry out section 31144(a)(5) of
title 49, United States Code, as added by this
Act.
(B) Factors for an unsatisfactory rating.--The
regulations updated under paragraph (1)(A) shall
provide a procedure for the Secretary to determine if 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) Savings clause.--Nothing in this section shall be
construed to preempt or supercede any State law or regulation
relating to drayage.
(5) Definitions.--In this section:
(A) Covered entity.--The term ``covered entity''
means a person acting as--
(i) a shipper or cosignee of goods, except
that such term does not mean a person acting as
an individual shipper (as such term is defined
in section 13103 of title 49, United States
Code);
(ii) 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);
(iii) an ocean transportation intermediary
(as such term is 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 indirect air carrier is
engaging in the activities as an air carrier
defined in paragraph (2) or (3) of section
40102 of title 49, United States Code;
(v) a customs broker licensed in accordance
with section 111.2 of title 19, Code of Federal
Regulations, only to the extent that the
customs broker is engaging in a movement under
a customs bond or in a transaction involving
customs business, as defined by section 111.1
of title 19, Code of Federal Regulations; or
(vi) a motor carrier registered under
chapter 139 of title 49, United States Code.
(B) Covered motor carrier.--The term ``covered
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.
(C) Household goods.--The term ``household goods''
has the meaning given such term in section 13102 of
title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(b) Remote Audit.--Section 31144 of title 49, United States Code,
is amended by adding at the end the following:
``(j) Remote Audits.--
``(1) In general.--The Secretary shall establish a pilot
program to conduct remote compliance reviews under subpart A of
part 385 of title 49, Code of Federal Regulations, to assign a
safety rating for commercial motor carriers.
``(2) Contents.--In conducting the pilot program, the
Secretary shall--
``(A) use the same standards that would otherwise
be applicable to commercial motor carriers;
``(B) apply the procedures of part 385 of title 49,
Code of Federal Regulations, including the safety
fitness rating methodology under appendix B, prior to
assigning a safety rating under such pilot program;
``(C) assign safety ratings regardless of whether
an on-site review of activities has taken place; and
``(D) leverage all available technology to access
information and records.
``(3) Eligible participants.--
``(A) In general.--Motor carriers that are eligible
to participate in the pilot program under this
subsection shall--
``(i) voluntarily agree to participate in
such pilot program; and
``(ii) be able to opt-out of participation
at any time.
``(B) Prohibition on participation.--Motor carriers
that transport hazardous materials or passengers shall
be prohibited from participating in the pilot program
under this section.
``(4) Authorized agents.--Remote compliance reviews
conducted under the pilot program under this section may be
conducted by--
``(A) Federal Motor Carrier Safety Administration
personnel;
``(B) State commercial motor vehicle authorities
that meet acceptable standards set forth by the
Secretary; or
``(C) private contractors that meet acceptable
standards set forth by the Secretary.
``(5) Availability of safety ratings.--Safety ratings
determined under the pilot program under this subsection may
not be released publicly by the Secretary or by any authorized
agent described in paragraph (4) that is participating in the
pilot program under this subsection.''.
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