I 
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 stand-
ard for entities that contract with certain motor carriers 
to transport goods, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
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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 consid-
ered 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 sub-
section (c)(1), to be in compliance with all re-
quired Federal Motor Carrier Safety Adminis-
tration safety standards to operate as a motor 
carrier. 
(2) SUNSET.—Paragraph (1) shall cease to be 
effective on the effective date of a regulation promul-
gated under subsection (c)(1). 
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(b) PUBLIC CONFIRMATION.—The public confirma-
tion 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 op-
erate 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 appen-
dix B to part 385 of title 49, Code of Federal Regu-
lations (or a successor regulation), to revise the 
methodology for issuance of motor carrier safety fit-
ness 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. 
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(3) FACTORS
FOR
AN
UNFIT
DETERMINA-
TION.—The regulations promulgated under para-
graph (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 promul-
gated under paragraph (1) shall include the require-
ments 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 pru-
dent in the selection of that covered motor carrier without 
having to satisfy any of the requirements described in sub-
section (a)(1) (or any similar requirement in the regula-
tions promulgated under subsection (c)(1)). 
(e) SAVINGS CLAUSE.—Nothing in this Act preempts 
or supersedes any State law (including regulations) relat-
ing to drayage. 
(f) DEFINITIONS.—In this section: 
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(1) COVERED ENTITY.— 
(A) IN GENERAL.—The term ‘‘covered en-
tity’’ 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 inter-
mediary (as defined in section 40102 of 
title 46, United States Code), when ar-
ranging for inland transportation as part 
of an international through movement in-
volving 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 Administra-
tion, only to the extent that the person act-
ing 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 
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(II) air commerce (as defined in 
that section); 
(v) a customs broker licensed in ac-
cordance with section 111.2 of title 19, 
Code of Federal Regulations (or a suc-
cessor 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 cus-
toms business (as defined in section 
111.1 of that title (or a successor reg-
ulation)); or 
(vi) a motor carrier registered under 
chapter 139 of title 49, United States 
Code. 
(B) EXCLUSION.—The term ‘‘covered enti-
ty’’ does not include a person acting as an indi-
vidual 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 op-
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erate 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 mean-
ing given the term in section 13102 of title 49, 
United States Code. 
(5) INDIVIDUAL
SHIPPER.—The term ‘‘indi-
vidual shipper’’ has the meaning given the term in 
section 13102 of title 49, United States Code. 
(6) MOTOR CARRIER.—The term ‘‘motor car-
rier’’ has the meaning given the term in section 
13102 of title 49, United States Code, except for 
motor carriers that operate commercial motor vehi-
cles of passengers, as defined in section 31101(1)(B) 
of 49, United States Code. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
Æ 
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