Transportation and Logistics Hiring Reform Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation and Logistics Hiring 
Reform Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Entity.--The term ``entity'' means a person acting as--
                    (A) a shipper or a consignee;
                    (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);
                    (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);
                    (D) an indirect air carrier authorized to operate 
                under a Standard Security Program approved by the 
                Transportation Security Administration;
                    (E) a customs broker licensed in accordance with 
                section 111.2 of title 19, Code of Federal Regulations;
                    (F) an interchange motor carrier subject to 
                paragraphs (1)(B) and (2) of section 13902(i); or
                    (G) a warehouse (as defined in Article 7-102(13) of 
                the Uniform Commercial Code).
            (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.
            (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.

SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CARRIERS.

    (a) 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--
            (1) 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;
            (2) has the minimum insurance coverage required by Federal 
        law; and
            (3)(A) before the safety fitness regulations are issued 
        pursuant to subsection (c), does not have an unsatisfactory 
        safety fitness rating issued by the Federal Motor Carrier 
        Safety Administration in force at the time of such 
        verification; or
            (B) after the safety fitness regulations are issued 
        pursuant to subsection (c), 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 subparagraph 
        (A).
    (b) Intended Use of Data.--
            (1) In general.--Only evidence of an entity's compliance 
        with subsection (a) 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.
            (2) 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.
    (c) Rulemaking.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Secretary of Transportation 
        shall promulgate safety fitness determination regulations that 
        update and revise the standards for establishing an 
        unsatisfactory safety rating for motor carriers.
            (2) Factors for an unsatisfactory rating.--In the 
        regulations promulgated pursuant to paragraph (1), the 
        Secretary shall 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.
    (d) Compliance With All Safety Laws.--All commercial carriers shall 
comply with all applicable Federal laws pertaining to safety.

SEC. 4. APPLICABILITY AND EFFECTIVE DATE.

    Notwithstanding any other provision of law, this Act shall apply 
with respect to any action commenced on or after the date of the 
enactment of this Act 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.

Summary: Transportation and Logistics Hiring Reform Act This bill establishes a national hiring standard for motor carriers. The bill defines an"entity" as a person acting as:  a shipper or a consignee;   a broker, a freight forwarder, or a household goods freight forwarder;  a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary;  an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration;   a federally licensed customs broker; an interchange motor carrier; or  a warehouse.  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 carrier:   is registered with and authorized by the Federal Motor Carrier Safety Administration (FMCSA) to operate as a motor carrier or household goods motor carrier;   has the minimum insurance coverage required by federal law; and   does not have an unsatisfactory safety fitness rating issued by the FMCSA.  Only evidence of an entity's compliance with this Act may be admitted as evidence in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity. No other motor carrier data created or maintained by the FMCSA, including safety measurement system data or analysis of such data, may be admitted 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.  The Secretary of Transportation shall promulgate safety fitness determination regulations that update and revise the standards for establishing an unsatisfactory safety rating for motor carriers. In the regulations promulgated, the Secretary shall determine if a carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce.  All commercial carriers shall comply with all applicable federal laws pertaining to safety.