I 
113TH CONGRESS 
2D SESSION 
H. R. 4727 
To enhance interstate commerce by creating a National Hiring Standard 
for Motor Carriers. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2014 
Mr. DUNCAN of Tennessee (for himself, Mr. RODNEY DAVIS of Illinois, and 
Mr. PAULSEN) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To enhance interstate commerce by creating a National 
Hiring Standard for Motor Carriers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NATIONAL HIRING STANDARDS FOR MOTOR 
CARRIERS. 
(a) LIMITATION ON STATE LAW.—Subject to sub-
section (b), a State may not enforce a law or impose liabil-
ity on an entity that hires a motor carrier for the transpor-
tation of property or household goods if such liability 
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arises from a claim or cause of action related to the neg-
ligent selection of such motor carrier under common law, 
statutory law, or any rule, regulation, standard, or provi-
sion having the force of law, for personal injury, death, 
or damage caused to cargo or other property by such 
motor carrier. 
(b) REQUIREMENTS FOR WAIVER OF LIABILITY.—To 
be eligible for the liability waiver described in subsection 
(a), an entity shall, prior to tendering a shipment, but not 
more than 35 days before the pickup of a shipment by 
the hired motor carrier, verify that the motor carrier at 
the time of such verification— 
(1) if applicable, is registered with and author-
ized by the Federal Motor Carrier Safety Adminis-
tration to operate as a motor carrier or household 
goods motor carrier; 
(2) has the minimum insurance coverage re-
quired by Federal regulation; and 
(3) does not have an unsatisfactory safety rat-
ing issued by Federal Motor Carrier Safety Adminis-
tration, in force at the time of the verification. 
(c) DEFINITIONS.—In this section— 
(1) the term ‘‘entity’’ means a person acting as 
a shipper, or as a broker, as a consignee, a freight 
forwarder, or a household goods freight forwarder as 
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defined in section 13102 of title 49, United States 
Code, a Non-Vessel Operating Common Carrier, an 
ocean freight forwarder, or an ocean transportation 
intermediary, as defined in section 40102 of title 46, 
United States Code; 
(2) the term ‘‘motor carrier’’ means a motor 
carrier or a household goods motor carrier as de-
fined in section 13102 of title 49, United States 
Code, and subject to Federal motor carrier financial 
responsibility and safety regulations; and 
(3) the term ‘‘State’’ means each of the 50 
States, a political subdivision thereof, any intrastate 
agency, any other political agency of 2 or more 
States, the District of Columbia, American Samoa, 
the Commonwealth of the Northern Mariana Is-
lands, the Commonwealth of Puerto Rico, Guam, 
and the Virgin Islands. 
(d) APPLICABILITY
AND EFFECTIVE DATE.—Not-
withstanding any other provision of law, this section shall 
apply with respect to any action commenced on or after 
the date of enactment of this section without regard to 
whether the harm that is the subject of the action, or the 
conduct that caused the harm, occurred before such date 
of enactment. 
Æ 
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