Title: CSA Reform Act
Policy area: Transportation and Public Works

Summary:
CSA Reform Act
This bill revises the Compliance, Safety, and Accountability program of the Federal Motor Carrier Safety Administration (FMCSA) to establish a motor carrier selection standard of care for brokers and other entities that contract with motor carriers for the shipment of goods or household goods. (A broker is a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.)
Specifically, the bill requires such entities to verify that a transporting motor carrier (1) is properly registered with the Department of Transportation (DOT); (2) has obtained the minimum required insurance coverage; and (3) is not determined unfit to safely operate commercial motor vehicles, or otherwise ordered to discontinue operations by the FMCSA or a state.
Additionally, DOT must (1) prescribe by regulations a process for revoking the registration of an owner or operator determined unfit to safely operate a commercial motor vehicle, and (2) establish a pilot program to conduct remote safety compliance reviews to assign a safety rating for commercial motor carriers.

[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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