[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3950 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3950
To amend title 49, United States Code, to combat freight fraud and
theft, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2026
Mr. Young introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to combat freight fraud and
theft, 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 ``Securing American Freight,
Enforcement, and Reliability in Transport Act'' or the ``SAFER
Transport Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(4) Broker.--The term ``broker'' has the meaning given the
term in section 13102 of title 49, United States Code.
(5) Department.--The term ``Department'' means the
Department of Transportation.
(6) Freight forwarder.--The term ``freight forwarder'' has
the meaning given the term in section 13102 of title 49, United
States Code.
(7) MC number.--The term ``MC number'' means a motor
carrier docket number issued by the Administration.
(8) Motor carrier.--The term ``motor carrier'' has the
meaning given the term in section 13102 of title 49, United
States Code.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) USDOT number.--The term ``USDOT number'' has the
meaning given the term in section 31132 of title 49, United
States Code.
SEC. 3. FREIGHT FRAUD AND THEFT ADVISORY COMMITTEE.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall establish an advisory committee, to be
known as the ``Freight Fraud and Theft Advisory Committee'' (referred
to in this section as the ``advisory committee''), to receive input
from the public on ways in which the Department could contribute to the
reduction of freight fraud and theft using existing authorities of the
Department.
(b) Composition.--The advisory committee shall be composed of the
following stakeholders:
(1) Stakeholders representing each of the following:
(A) Motor carriers, including independent owner-
operators.
(B) Railroads.
(C) Ports.
(D) Marine terminal operators.
(E) Freight brokers.
(F) Aviation operators.
(G) State and local law enforcement officials.
(H) Shippers.
(I) Insurance companies.
(2) Other stakeholders that the Secretary determines would
provide insightful information on ways to address freight fraud
and theft.
(c) Duties.--The advisory committee shall provide to the Secretary
input and recommendations on ways in which the Department could
contribute to the reduction of freight fraud and theft, including ways
in which the Department could improve coordination within the
Department and between the Department and other Federal agencies to
identify and respond to freight fraud and theft.
(d) Report.--Not later than 2 years after the date on which the
advisory committee is established under subsection (a), the advisory
committee shall submit to the Secretary and to the appropriate
committees of Congress a report that includes the findings of the
advisory committee, any recommendations provided to the Secretary under
subsection (c), and any other recommendations relating to the matters
described in that subsection.
(e) Sunset.--The advisory committee shall terminate on submission
of the report under subsection (d).
SEC. 4. MEMORANDUM OF UNDERSTANDING ON FREIGHT FRAUD AND THEFT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary and the Attorney General shall
enter into a memorandum of understanding on addressing freight fraud
and theft.
(b) Requirement.--At a minimum, the memorandum of understanding
entered into under subsection (a) shall--
(1) require the Department to notify appropriate officials
at the Department of Justice of any freight fraud or theft
identified through the regulatory or enforcement work of the
Department, and specify the method for such notification; and
(2) require the Department of Justice to establish a
process for receiving and handling such information from the
Department.
SEC. 5. SECURING THE REGISTRATION SYSTEM OF THE ADMINISTRATION.
(a) In General.--During the 5-year period beginning on the date of
enactment of this Act, the Secretary--
(1) shall not issue or renew an MC number; and
(2) shall take other appropriate steps to phase out
reference to MC numbers.
(b) Transition To Use of USDOT Numbers.--The Secretary shall ensure
that, as of the date that is 5 years after the date of enactment of
this Act--
(1) no motor carrier, broker, or freight forwarder holds an
MC number; and
(2) each motor carrier, broker, and freight forwarder has
been assigned a USDOT number.
(c) Registration of Freight Forwarders.--Section 13903(a) of title
49, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) has been issued a USDOT number under section
31134.''.
(d) Registration of Brokers.--Section 13904(a) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) has been issued a USDOT number under section
31134.''.
(e) Definitions.--Section 31132 of title 49, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking the
em dash and inserting a colon;
(2) in paragraph (8), by striking ``31136 and 31140-31142''
and inserting ``31136, 31141, and 31142'';
(3) in each of paragraphs (1) through (11)--
(A) by inserting ``The term'' after the paragraph
designation; and
(B) by inserting a paragraph heading, the text of
which comprises the term defined in the paragraph;
(4) by redesignating paragraphs (1) through (11) as
paragraphs (2), (6), (7), (8), (9), (10), (11), (13), (14),
(15), and (16), respectively;
(5) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Administration.--The term `Administration' means the
Federal Motor Carrier Safety Administration.'';
(6) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Convicted.--The term `convicted', with respect to an
employer or person, means that a conviction has been made final
with respect to that employer or person.
``(4) Conviction.--The term `conviction' means a finding of
guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the
responsibility to determine violations of Federal or State law.
``(5) Covered felony.--The term `covered felony' means a
felony under Federal or State law involving--
``(A) transportation, trafficking, or smuggling of
persons, property, firearms, or controlled substances;
``(B) theft, fraud, coercion, or extortion--
``(i) involving the commercial
transportation of property or passengers; or
``(ii) in connection with operation as a
motor carrier; or
``(C) transportation of property or passengers in
violation of an immigration or labor law.'';
(7) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Secretary.--The term `Secretary' means the Secretary
of Transportation.''; and
(8) by adding at the end the following:
``(17) USDOT number.--The term `USDOT number' means a
unique identifier issued to an employer or person under section
31134.''.
(f) USDOT Numbers.--Section 31134 of title 49, United States Code,
is amended--
(1) in subsection (a)--
(A) in the fourth sentence, by striking ``An'' and
inserting the following:
``(5) Motor carriers.--An'';
(B) in the third sentence, by striking ``Nothing''
and inserting the following:
``(4) Intrastate operators.--Nothing'';
(C) in the second sentence, by striking ``An'' and
inserting the following:
``(2) Registration and USDOT number required.--An'';
(D) by striking the subsection designation and
heading and all that follows through the period at the
end of the first sentence and inserting the following:
``(a) Registration.--
``(1) In general.--On application, and subject to
paragraphs (3) and (6) and subsections (b) and (d), the
Secretary shall register--
``(A) an employer or person subject to the safety
jurisdiction of this subchapter; or
``(B) a motor carrier, broker, or freight forwarder
subject to chapter 139.''; and
(E) by inserting after paragraph (2) the following:
``(3) USDOT numbers.--A USDOT number shall--
``(A) be required to obtain registration under this
section or part B of subtitle IV;
``(B) uniquely identify the employer or person to
which it is issued; and
``(C) be the only unique identifier issued by the
Secretary to the employer or person for purposes of
this section or part B of subtitle IV.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (a)'' and inserting ``this
subsection'';
(B) in paragraph (2)--
(i) by striking ``(A)''; and
(ii) by striking ``listed in subsection
(b)(1)'' and inserting ``described in
subparagraph (A)'';
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately; and
(D) by striking the subsection designation and
heading and all that follows through ``The'' in the
matter preceding subparagraph (A) (as so redesignated)
and inserting the following:
``(6) Requirements.--The'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(4) by inserting after subsection (a) the following:
``(b) Withholding of Registration.--The Secretary may withhold
registration from an employer or person under subsection (a) if the
employer or person has been convicted of a covered felony relating to
the motor carrier operations of, or use of a commercial motor vehicle
by, the employer or person.
``(c) Ownership Changes and Transfers.--Not later than 30 days
after a motor carrier, broker, or freight forwarder associated with a
USDOT number of an employer or person under this section experiences a
change in ownership, including through purchase, sale, merger,
acquisition, or any other transfer, the new employer or person owning
the motor carrier, broker, or freight forwarder shall notify the
Administration of the change in ownership.''; and
(5) in subsection (d) (as so redesignated)--
(A) in paragraph (1), by striking ``sections
13905(d)(1)'' and inserting ``section 13905(d)(2)'';
(B) in paragraph (2), by striking ``listed in
subsection (b)(1)'' and inserting ``described in
subsection (a)(6)(A)'';
(C) in paragraph (3), by striking ``listed in
subsection (b)(1)'' and inserting ``described in
subsection (a)(6)(A)'';
(D) in paragraph (4), by striking the period at the
end and inserting ``; or'';
(E) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(F) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary'';
(G) in paragraph (1) (as so designated), by adding
at the end the following:
``(E) the employer or person failed to disclose, in
an application for registration under subsection (a) or
any update required by subsection (e), a material fact
relevant to the willingness or ability of the employer
or person to comply with--
``(i) the requirements described in
subsection (a)(6)(A); or
``(ii) an order of the Secretary.''; and
(H) by adding at the end the following:
``(2) Certain convictions.--The Secretary may revoke the
registration of an employer or person issued under subsection
(a) after notice and an opportunity for a proceeding, or
suspend the registration after giving notice of the suspension
to the employer or person, if the employer or person has been
convicted of a covered felony relating to the motor carrier
operations of, or use of a commercial motor vehicle by, the
employer or person.''.
(g) Registration of Motor Carriers.--Section 13902(a)(4) of title
49, United States Code, is amended--
(1) by striking ``If'' and inserting the following:
``(A) In general.--If''; and
(2) by adding at the end the following:
``(B) Certain convictions.--The Secretary may
withhold registration from a registrant if the
registrant has been convicted (as defined in section
31132) of a covered felony (as defined in that section)
relating to the motor carrier operations of, or use of
a commercial motor vehicle by, the registrant.''.
(h) Completion of Registration System.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall complete all
requirements relating to the establishment of the Unified Carrier
Registration System under section 13908 of title 49, United States
Code.
(i) Conforming Amendments.--
(1) Section 321(4) of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4571(4)) is amended by
striking ``paragraph (1)'' and inserting ``paragraph (2)''.
(2) Section 224(b) of the Motor Carrier Safety Improvement
Act of 1999 (49 U.S.C. 31100 note; Public Law 106-159) is
amended, in the first sentence, by striking ``section
31132(1)(B)'' and inserting ``section 31132(2)(B)''.
(3) Section 4008(b) of the Transportation Equity Act for
the 21st Century (49 U.S.C. 31136 note; Public Law 105-178) is
amended by striking ``section 31132(1)(B) of such title (as
amended by subsection (a))'' and inserting ``section
31132(2)(B) of that title''.
(4) Section 32702(3) of the Motorcoach Enhanced Safety Act
of 2012 (49 U.S.C. 31136 note; Public Law 112-141) is amended
by striking ``section 31132(1)'' and inserting ``section
31132''.
(5) Subchapter III of chapter 311 of title 49, United
States Code, is amended--
(A) by striking ``Federal Motor Carrier Safety
Administration'' each place it appears and inserting
``Administration''; and
(B) by striking ``Secretary of Transportation''
each place it appears and inserting ``Secretary''.
SEC. 6. STRENGTHENING STATE LICENSING TO ENSURE LEGAL DRIVERS.
(a) In General.--Section 31311(a)(12) of title 49, United States
Code, is amended--
(1) in subparagraph (A), by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraphs (B) through (D)'';
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) A State that issues a commercial learner's permit or
a commercial driver's license to an individual who is not a
citizen or lawful permanent resident of the United States
shall--
``(i) confirm that the applicant for the commercial
learner's permit or commercial driver's license is
authorized to work in the United States;
``(ii) provide to the Administrator of the Federal
Motor Carrier Safety Administration such information as
the Administrator determines necessary to confirm that
the applicant is authorized to work in the United
States; and
``(iii) if the applicant's authorization to work in
the United States expires before the date on which the
applicant's commercial learner's permit or commercial
driver's license would otherwise expire, align the
expiration of the applicant's commercial learner's
permit or commercial driver's license to the date on
which the applicant's authorization to work in the
United States expires.''.
(b) Monthly Report.--Chapter 313 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 31318. Monthly report on commercial driver's licenses
``Not later than the last day of each month, each State that issues
commercial driver's licenses under this chapter shall submit to the
Secretary of Transportation a report describing--
``(1) the number of commercial learner's permits issued by
the State during the preceding month;
``(2) the number of commercial driver's licenses issued by
the State during the preceding month;
``(3) the number of foreign non-domiciled commercial
driver's licenses issued by the State during the preceding
month;
``(4) the number of endorsements issued by the State during
the preceding month; and
``(5) the number of, and justification for, revocations,
suspensions, and downgrades of commercial driver's licenses by
the State during the preceding month.''.
(c) Clerical Amendment.--The analysis for chapter 313 of title 49,
United States Code, is amended by adding at the end the following:
``31318. Monthly report on commercial driver's licenses.''.
SEC. 7. IMPROVEMENTS TO COMMERCIAL DRIVER'S LICENSE TRAINING PROVIDER
REGISTRY.
Section 31305 of title 49, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``(referred to in this section as the
`Secretary')'' after ``Secretary of Transportation''; and
(2) by adding at the end the following:
``(e) Training Provider Registry.--
``(1) Definitions.--In this subsection:
``(A) Administration.--The term `Administration'
means the Federal Motor Carrier Safety Administration.
``(B) Principal place of business.--The term
`principal place of business', with respect to a
provider, means a single physical business location of
the provider where--
``(i) management officials of the provider
report to work; and
``(ii) the provider conducts a significant
portion of its business relating to the
training of persons to transport persons or
property.
``(C) Provider.--The term `provider' means a
training provider (within the meaning of subpart G of
part 380 of title 49, Code of Federal Regulations (or
successor regulations)).
``(D) Registry.--The term `registry' means the
training provider registry maintained by the
Administration.
``(2) Audits.--
``(A) In general.--The Secretary shall establish a
process to audit providers listed on the registry to
ensure that each provider meets the criteria
established by the Secretary to provide training.
``(B) Role of states.--The Secretary may require
States--
``(i) to conduct an audit under
subparagraph (A); or
``(ii) to collect relevant information from
providers in the State for the Administration
to audit.
``(3) Removal for nondisclosure of certain relationships.--
On complaint or on the initiative of the Secretary, the
Secretary may, after providing notice and an opportunity to be
heard, withhold, suspend, or revoke the registration of any
provider listed on the registry if the Secretary finds that the
provider failed to disclose any relationship, whether arising
from common ownership, management, control, or familial ties,
with another provider listed on the registry or with any
applicant for inclusion on the registry whom the Secretary has
determined to be unwilling or unable to comply with an
applicable regulation or order of the Secretary.
``(4) Expedited removal from registry.--Not later than 120
days after the date of enactment of this subsection, the
Secretary shall establish a process for States to remove a
provider from the registry if the State determines that the
provider--
``(A) is no longer in business;
``(B) has been found guilty of committing fraud; or
``(C) has violated State regulations governing
commercial motor vehicle operator training.
``(5) Registration of providers.--
``(A) In general.--An entity seeking to become a
provider in accordance with subsection (c) shall
register with the Administration.
``(B) Principal place of business.--A provider may
not be added to the registry unless the provider has
registered a principal place of business with the
Administration.
``(C) Existing providers.--A provider listed on the
registry as of the date of enactment of this
subsection--
``(i) shall register a principal place of
business with the Administration by the date
that is 1 year after that date of enactment;
and
``(ii) shall be removed from the registry
if the provider has not registered a principal
place of business with the Administration by
the deadline described in clause (i).
``(6) Deadline for review of complaints against
providers.--Not later than 180 days after receiving a complaint
against a provider included on the registry, the Administration
shall make a determination with respect to resolving that
complaint.''.
SEC. 8. PREVENTING, DETECTING, AND ADDRESSING FRAUD IN REGISTRATION.
(a) Definitions.--In this section:
(1) Existing user.--The term ``existing user'' means a
motor carrier that has access to, is registered for, or is
otherwise included in the registration system.
(2) Flagged user.--The term ``flagged user'' means a new
user or existing user--
(A) the activity of which is flagged as suspicious
by an automated system implemented under subsection
(b);
(B) with respect to which a discrepancy or other
suspicious matter is identified; or
(C) with respect to which the Administration
receives a report or other notification of--
(i) failure to disclose a material fact;
(ii) fraud;
(iii) any activity indicative of fraud; or
(iv) any other suspicious activity
pertaining to the registration system.
(3) New user.--The term ``new user'' means a motor carrier
or broker that first accesses or registers, or is first
included in, the registration system.
(4) Person.--The term ``person'' has the meaning given the
term in section 13102 of title 49, United States Code.
(5) Registration system.--The term ``registration system''
means the system that the Administration uses to register motor
carriers or brokers as required under section 13908 of title
49, United States Code.
(b) Automated Systems.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and implement 1
or more automated systems to flag suspicious activity in the
registration system, or by motor carriers, brokers, or other persons
dealing with the Administration, such as--
(1) rapid or unusual changes to motor carrier or broker
information;
(2) unusual registration patterns; or
(3) duplicate business identifiers.
(c) Review of Flagged Users.--
(1) In general.--The Administrator shall establish a
process to review each flagged user to determine whether that
user engaged in fraud with respect to the registration system.
(2) Requirements.--A review under paragraph (1) shall--
(A) begin immediately on--
(i) the flagging of suspicious activity by
an automated system implemented under
subsection (b);
(ii) the identification of any discrepancy
or other suspicious matter; or
(iii) the receipt of a report or other
notification described in subsection (a)(3)(C);
and
(B) include an audit of the flagged user, if
appropriate or necessary to resolve the review.
(3) Suspension.--
(A) In general.--The Administrator may--
(i) temporarily suspend the registration of
any flagged user in the registration system
during a review under paragraph (1); or
(ii) note in any record of the
Administration, including a public record
published on the registration system, that a
review of the applicable flagged user is
ongoing.
(B) Requirement.--If the Administrator temporarily
suspends a registration of a flagged user under
subparagraph (A)(i), the Administrator shall provide to
the flagged user a period of not less than 30 days to
respond to and address any problems identified by the
Administrator for purposes of resolving the review.
(4) Removal and other penalties.--
(A) In general.--On a determination that a motor
carrier, broker, or any other person has failed to
disclose a material fact, submitted fraudulent
information, or committed fraud with respect to the
registration system, the Administrator shall, as the
Administrator determines to be appropriate--
(i) remove the person from the public view
of the registration system;
(ii) remove the ability of the person to
access the registration system; or
(iii) suspend or revoke the authority of
the person to operate as a motor carrier,
broker, or otherwise.
(B) Requirement.--If the Administrator takes an
action described in subparagraph (A)(iii), the
Administrator shall maintain the information of the
applicable person in the registration system to assist
the Administrator in identifying future fraudulent
activities of the person.
(d) Records Updates.--Any update to a record in the registration
system under this section--
(1) shall be made instantaneously, or as near
instantaneously as possible, with respect to the determination
relating to the update; and
(2) shall not be made unless the person requesting the
update verifies that the person is authorized to request the
update.
(e) Guidance.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall issue to motor
carriers and brokers guidance about how to protect against
fraudulent activities.
(2) Updates.--The Administrator shall update the guidance
issued under paragraph (1) as appropriate to improve awareness
of fraudulent activities.
SEC. 9. ENFORCEMENT OF CABOTAGE LAWS.
(a) In General.--The Administrator and the Commissioner of U.S.
Customs and Border Protection shall enter into a memorandum of
understanding with respect to how the Administrator and State law
enforcement agencies communicate to the Commissioner information
relating to violations of--
(1) section 13902(k) of title 49, United States Code,
relating to the prohibition on the provision of point-to-point
transportation services within the United States by drivers or
motor carriers, including motor private carriers (as defined in
section 13102 of title 49, United States Code), domiciled in
Mexico or Canada operating in the United States; and
(2) section 13902(l) of title 49, United States Code,
relating to the prohibition on the provision of point-to-point
transportation services within the United States by
unauthorized alien drivers.
(b) Registration of Motor Carriers.--Section 13902 of title 49,
United States Code, is amended by adding at the end the following:
``(k) Prohibiting Certain Foreign Motor Carriers From Point-to-
Point Transport of Domestic Cargo in the United States.--
``(1) In general.--A motor carrier or motor private carrier
described in paragraph (2) shall not transport domestic cargo
from a point originating within the United States to a
destination point also within the United States.
``(2) Motor carriers and motor private carriers
described.--A motor carrier or motor private carrier referred
to in paragraph (1) is a motor carrier or motor private carrier
that--
``(A) is domiciled in Canada or Mexico; or
``(B) is domiciled in the United States but owned
or controlled, directly or indirectly, by a person
domiciled in Mexico.
``(l) Prohibiting Unauthorized Alien Drivers From Point-to-Point
Transport of Domestic Cargo in the United States.--A motor carrier or
motor private carrier shall not knowingly transport domestic cargo from
a point originating within the United States to a destination point
also within the United States in a commercial motor vehicle (as defined
in section 31301) operated by an alien (as defined in section 101(a) of
the Immigration and Nationality Act (8 U.S.C. 1101(a))) who is not
authorized by U.S. Citizenship and Immigration Services to engage in
employment in the United States that includes driving a commercial
motor vehicle.''.
(c) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall revise section 365.101T(h) of
title 49, Code of Federal Regulations, to reflect the requirements of
subsection (a) and section 13902(k) of title 49, United States Code.
SEC. 10. REIMBURSEMENT OF CERTAIN VICTIMS OF FREIGHT THEFT.
The Commissioner of U.S. Customs and Border Protection shall
reimburse the victims of cargo theft under section 659 of title 18,
United States Code, for fines paid by such victims to U.S. Customs and
Border Protection for containers that are not sealed as required by
regulations prescribed pursuant to section 204 of the Security and
Accountability For Every Port Act of 2006 (6 U.S.C. 944).
SEC. 11. CRIMINAL PENALTIES; SUBMISSION OR USE OF FRAUDULENT
CERTIFICATIONS.
(a) Definition of Fraudulent Certification.--In this section, the
term ``fraudulent certification'' means any statement, representation,
or omission of fact, including in any writing or document, that--
(1) is material;
(2) is known by the person submitting or using it to be
false, fictitious, misleading, or incomplete; and
(3) is submitted or used in connection with any
registration, certification, filing, or compliance requirement
administered by the Administration under chapter 5, 311, 313,
or 315 of title 49, United States Code.
(b) Criminal Penalty.--Any person who knowingly and willfully
submits to the Administrator or otherwise uses a fraudulent
certification and, by means of that fraudulent certification or any
authority or status obtained pursuant to that fraudulent certification,
engages or attempts to engage in the unlawful transportation of
property or passengers in interstate commerce shall be fined under
title 18, United States Code, imprisoned for not more than 5 years, or
both.
SEC. 12. FOREIGN DISPATCH SERVICES.
(a) Definition of Foreign Dispatch Service.--Section 13102 of title
49, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking ``,
the following definitions shall apply'';
(2) by redesignating paragraphs (6) through (27) as
paragraphs (7), (8), (9), (10), (11), (12), (13), (14), (15),
(16), (17), (18), (20), (21), (22), (23), (24), (25), (26),
(27), (28), and (19) respectively, and moving the paragraphs so
as to appear in numerical order; and
(3) by inserting after paragraph (5) the following:
``(6) Foreign dispatch service.--The term `foreign dispatch
service' means a person that--
``(A) is not located in the United States, Mexico,
or Canada;
``(B) maintains its principal place of business or
substantial operations in a foreign country;
``(C) acts as a direct licensed agent on behalf of
1 or more motor carriers through a formal written
agreement;
``(D) receives compensation from those motor
carriers based on a predetermined written legal
contractual agreement;
``(E) discloses that--
``(i) the person is a dispatch service
operating under an agreement with a specific
motor carrier; and
``(ii) the relevant shipment is arranged
for that motor carrier only;
``(F) provides only administrative or support
services limited to--
``(i) coordinating freight movements
without assuming responsibility for the cargo
or arranging transportation; and
``(ii) communicating through a broker to
arrange for the transportation of shipments for
the motor carrier; and
``(G) does not seek or solicit shippers for
freight.''.
(b) Registration.--
(1) In general.--Chapter 139 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 13910. Registration of foreign dispatch services as brokers
``A person operating as a foreign dispatch service shall register
as a broker.''.
(2) Clerical amendment.--The analysis for chapter 139 of
title 49, United States Code, is amended by adding at the end
the following:
``13910. Registration of foreign dispatch services as brokers.''.
(c) Conforming Amendments.--
(1) Section 32702(5) of the Motorcoach Enhanced Safety Act
of 2012 (49 U.S.C. 31136 note; Public Law 112-141) is amended--
(A) in subparagraph (A), by striking ``section
13102(14)'' and inserting ``section 13102''; and
(B) in subparagraph (B), by striking ``section
13102(15) of that title'' and inserting ``that
section''.
(2) Section 14101(b)(1) of title 49, United States Code, is
amended, in the first sentence, by striking ``section
13102(10)(A)'' and inserting ``section 13102(11)(A)''.
(3) Section 14104(b)(1)(A) of title 49, United States Code,
is amended by striking ``section 13102(10)(A)'' and inserting
``section 13102(11)(A)''.
(4) Section 14706(c)(1)(A) of title 49, United States Code,
is amended by striking ``section 13102(10)(A)'' and inserting
``section 13102(11)(A)''.
SEC. 13. RECORDS MAINTENANCE.
Section 14122 of title 49, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) Form and Maintenance of Records.--
``(1) Form of records.--The Secretary or the Board, as
applicable, may prescribe the form of records required to be
prepared or compiled under this subchapter by carriers and
brokers, including records related to movement of traffic and
receipts and expenditures of money.
``(2) Maintenance of records.--Records described in
paragraph (1) shall be maintained or made accessible upon
demand at the principal place of business of the carrier or
broker.
``(3) Savings provision.--Nothing in this subsection
prevents the Secretary or the Board, as applicable, from
conducting an investigation at a location other than the
principal place of business or virtually.''.
SEC. 14. DEFINITION OF BROKER; UNLAWFUL BROKERAGE ACTIVITIES.
(a) Definition of Broker.--Section 13102 of title 49, United States
Code, is amended by striking paragraph (2) and inserting the following:
``(2) Broker.--
``(A) In general.--The term `broker' means a person
who offers for sale, negotiates for, or holds itself
out by solicitation, advertisement, technology, or
otherwise as selling, providing, or arranging for,
transportation by motor carrier for direct or indirect
compensation.
``(B) Exclusion.--The term `broker' does not
include a person providing only financial assistance,
analysis, or accounting services.''.
(b) Unlawful Brokerage Activities.--Section 14916(a) of title 49,
United States Code, is amended by striking the subsection designation
and heading and all that follows through ``that person--'' in the
matter preceding paragraph (1) and inserting the following:
``(a) Prohibited Activities.--A person may provide interstate
brokerage services only if that person--''.
<all>
SAFER Transport Act
#3950 | S Congress #119
Policy Area: Transportation and Public Works
Subjects:
Last Action: Read twice and referred to the Committee on Commerce, Science, and Transportation. (2/26/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text