S.Amdt. 2273

1. Adds SEC. 32009. INTERIM HIRING STANDARD on page 429, between lines 20 and 21

   Adds a sectionPrinted page

   Inserted: SEC. 32009. INTERIM HIRING STANDARD.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Entity.--The term "entity" means a person acting as--

   Inserted: (A) a shipper or a consignee;

   Inserted: (B) 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);

   Inserted: (C) a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary (as such terms are defined in section 40102 of title 46, United States Code);

   Inserted: (D) an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration;

   Inserted: (E) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations;

   Inserted: (F) an interchange motor carrier subject to paragraphs (1)(B) and (2) of section 13902(i); or

   Inserted: (G) a warehouse (as defined in Article 7-102(13) of the Uniform Commercial Code).

   Inserted: (2) Motor carrier.--The term "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.

   Inserted: (3) State.--The term "State" means each of the 50 States, a political subdivision of any such State, any intrastate agency, any other political agency of 2 or more States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

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   Inserted: (b) National Hiring Standards for Motor Carriers.--

   Inserted: (1) National standard.--Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the motor carrier, at the time of such verification--

   Inserted: (A) is registered with and authorized by the Federal Motor Carrier Safety Administration to operate as a motor carrier or household goods motor carrier, if applicable;

   Inserted: (B) has the minimum insurance coverage required by Federal law; and

   Inserted: (C)(i) before the safety fitness determination regulations are issued, does not have an unsatisfactory safety fitness determination issued by the Federal Motor Carrier Safety Administration in force at the time of such verification; or

   Inserted: (ii) beginning on the date that safety fitness determination regulations are implemented, does not have a safety fitness rating issued by the Federal Motor Carrier Safety Administration under such regulations that is the equivalent of the unsatisfactory fitness rating referred to in clause (i).

   Inserted: (2) Interim use of data.--

   Inserted: (A) In general.--Only evidence of an entity's compliance with paragraph (1) may be admitted as evidence or otherwise used in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity.

   Inserted: (B) Excluded evidence.--All other motor carrier data created or maintained by the Federal Motor Carrier Safety Administration, including safety measurement system data or analysis of such data, may not be admitted into evidence in a case or proceeding in which it is asserted or alleged that an entity's selection or retention of a motor carrier was negligent.

   Inserted: (C) Cessation of effectiveness.--Subparagraphs (A) and (B) cease to be effective on the date of completion of the certification under section 32003.

   Inserted: (c) Applicability.--Notwithstanding any other provision of law, this section shall not apply to any motor carrier transportation contract entered into before the date of the enactment of this Act.

   Original wording

   On page 429, between lines 20 and 21, insert the following:

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As printed