H.R. 8267 — SAFER Transport Act

This section defines terms used in the Act, including “Administration” (i.e., Federal Motor Carrier Safety Administration), “Administrator” (i.e., FMCSA Administrator), “appropriate committees of Congress” (i.e., Senate Committee on Commerce, Science, and Transportation and House Committee on Transportation and Infrastructure), “MC number” (i.e., motor carrier docket number issued by FMCSA), and “Department,” “Secretary,” “broker,” “freight forwarder,” “motor carrier,” and “USDOT number” (with the latter five terms having the meanings given in 49 U.S.C. §§13102 and 31132).

This section requires the Secretary of Transportation to establish, not later than 60 days after enactment, the Freight Fraud and Theft Advisory Committee to receive public input on ways the Department could reduce freight fraud and theft using existing authorities. The committee comprises stakeholders representing motor carriers (including independent owner-operators), railroads, ports, marine terminal operators, freight brokers, aviation operators, state and local law enforcement, shippers, insurance companies, and others deemed relevant by the Secretary; it must provide the Secretary with recommendations on such reductions, including improved coordination within the Department and with other federal agencies. Not later than two years after establishment, the committee must submit a report with its findings and recommendations to the Secretary and appropriate congressional committees, after which it terminates.

This section directs the Secretary of Transportation and the Attorney General to enter into a memorandum of understanding (MOU) on addressing freight fraud and theft not later than 180 days after the date of enactment. At a minimum, the MOU must (1) require the Department of Transportation to notify appropriate Department of Justice officials of any freight fraud or theft identified through DOT's regulatory or enforcement activities, specifying the notification method; and (2) require the Department of Justice to establish a process for receiving and handling such information.

This section directs the Secretary of Transportation, during the five-year period beginning on the date of enactment, to cease issuing or renewing Motor Carrier (MC) numbers and to phase out their use entirely, ensuring all motor carriers, brokers, and freight forwarders transition to and hold only a USDOT number (i.e., a unique identifier issued under 49 U.S.C. §31134) by the end of that period. The section further (1) amends registration requirements under 49 U.S.C. §§13903(a) (freight forwarders) and 13904(a) (brokers) to require a USDOT number; (2) adds definitions to 49 U.S.C. §31132, including "Administration" (Federal Motor Carrier Safety Administration), "convicted," "conviction," "covered felony" (felonies involving transportation-related trafficking, smuggling, theft, fraud, etc., of persons, property, firearms, or controlled substances, or immigration/labor violations), "Secretary," and "USDOT number"; and (3) amends 49 U.S.C. §31134 to require USDOT numbers as the sole unique identifier for registration, authorize withholding of registration for covered felony convictions related to motor carrier operations or commercial motor vehicle use, and require new owners of motor carriers, brokers, or freight forwarders to notify the Administration of ownership changes (e.g., purchase, merger) within 30 days. (As background, MC numbers authorize interstate operations, while USDOT numbers identify entities for safety regulation and compliance tracking by the Federal Motor Carrier Safety Administration.)

This section amends state requirements under the Commercial Driver's License (CDL) program (administered by the Federal Motor Carrier Safety Administration) by requiring states issuing a commercial learner's permit (CLP) or CDL to an individual who is not a U.S. citizen or lawful permanent resident to (1) confirm the applicant's work authorization in the United States, (2) provide relevant information to the FMCSA Administrator for verification, and (3) align the permit or license expiration date with the work authorization expiration date if sooner. The section also directs each state to submit a monthly report to the Secretary of Transportation detailing the number of CLPs and CDLs issued in the preceding month, foreign non-domiciled CDLs issued, endorsements issued, and revocations, suspensions, and downgrades with justifications. (Thus, these changes enhance verification of legal work status for non-citizen CDL holders and improve federal oversight of state licensing activities.)

This section establishes new requirements in §31305(e) of title 49, United States Code, for the training provider registry maintained by the Federal Motor Carrier Safety Administration (FMCSA) for commercial driver's license (CDL) entry-level training providers (i.e., third-party entities listed under 49 CFR part 380, subpart G). It defines key terms including "principal place of business" (a single physical location where provider management reports to work and conducts significant training-related business). The section further requires or authorizes the following, generally with processes to be established by regulation or order: (1) a process to audit listed providers (or require states to audit or collect information) to ensure compliance with training criteria; (2) withholding, suspension, or revocation of a provider's registration, after notice and hearing, for failing to disclose relationships (e.g., common ownership, management, control, or familial ties) with other listed providers or non-compliant applicants; (3) within 120 days of enactment, a process enabling states to expeditiously remove providers determined to be out of business, guilty of fraud, or in violation of state CDL training regulations; (4) registration with FMCSA, including a principal place of business, as a prerequisite for new providers (with existing providers required to register one within one year of enactment or face removal); and (5) resolution of complaints against listed providers within 180 days of receipt.

This section establishes definitions and procedures for the Federal Motor Carrier Safety Administration (FMCSA) to prevent, detect, and address fraud in its motor carrier and broker registration system (i.e., the system required under 49 U.S.C. 13908). Specifically, it directs FMCSA, not later than one year after enactment, to implement one or more automated systems to flag suspicious activity (e.g., rapid changes to information, unusual registration patterns, or duplicate business identifiers); establishes a review process for flagged users—including immediate audits if needed, temporary registration suspensions during review (with at least 30 days for the user to respond), and notations of ongoing reviews—and authorizes removal from public view or system access, or suspension or revocation of operating authority, upon a fraud determination (while retaining records for future detection). It further requires instantaneous updates to registration records only upon verified authorization and directs FMCSA, not later than 90 days after enactment, to issue (and periodically update) guidance for motor carriers and brokers on protecting against fraud.

This section requires the Federal Motor Carrier Safety Administration (FMCSA) Administrator and the U.S. Customs and Border Protection (CBP) Commissioner to enter into a memorandum of understanding (MOU) specifying how the Administrator and state law enforcement agencies communicate information on violations of cabotage laws (new 49 U.S.C. §13902(k) and (l)) to the Commissioner. It amends 49 U.S.C. §13902 by adding subsection (k) to prohibit motor carriers or motor private carriers domiciled in Canada or Mexico, or U.S.-domiciled but owned or controlled directly or indirectly by a Mexico-domiciled person, from transporting domestic cargo point-to-point within the United States; and subsection (l) to prohibit motor carriers or motor private carriers from knowingly transporting such cargo in a commercial motor vehicle operated by an unauthorized alien driver (i.e., an alien lacking U.S. Citizenship and Immigration Services authorization to drive a commercial motor vehicle). The section further directs the FMCSA Administrator to revise 49 C.F.R. §365.101T(h) within one year of enactment to reflect these requirements.

This section directs the Commissioner of U.S. Customs and Border Protection to reimburse victims of cargo theft (under 18 U.S.C. §659) for fines paid to the agency due to unsealed containers, as required by regulations under the Security and Accountability for Every Port Act of 2006 (6 U.S.C. §944). (Thus, victims fined for security seal violations resulting from theft recover those payments.)

This section defines a "fraudulent certification" as any material statement, representation, or omission of fact known to be false, fictitious, misleading, or incomplete that is submitted or used in connection with any registration, certification, filing, or compliance requirement administered by the Federal Motor Carrier Safety Administration (FMCSA) under chapters 5, 311, 313, or 315 of title 49, U.S. Code. It establishes criminal penalties of a fine under title 18, U.S. Code, imprisonment for not more than five years, or both for any person who knowingly and willfully submits or uses such a certification to engage or attempt to engage in the unlawful transportation of property or passengers in interstate commerce.

This section defines "foreign dispatch service" in 49 U.S.C. §13102(6) as a person not located in the United States, Mexico, or Canada that acts as a direct licensed agent for one or more motor carriers by providing only limited administrative services—such as coordinating freight movements without cargo responsibility or soliciting shippers—under a written agreement with compensation and required disclosures. It requires foreign dispatch services to register as brokers by adding new 49 U.S.C. §13910 and makes conforming amendments to paragraph numbering in §13102 and cross-references in other motor carrier provisions.

This section revises records maintenance requirements for carriers and brokers by (1) authorizing the Secretary of Transportation or Surface Transportation Board, as applicable, to prescribe the form of records related to traffic movement and money receipts and expenditures; (2) requiring such records to be maintained or made accessible upon demand at the principal place of business; and (3) clarifying that this does not preclude investigations at other locations or virtually.

This section (1) revises the definition of broker in motor carrier law to mean 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 (excluding a person providing only financial assistance, analysis, or accounting services); and (2) revises the provision on unlawful brokerage activities to specify that a person may provide interstate brokerage services only if that person meets specified requirements. (As background, motor carrier brokers arrange transportation between shippers and carriers and must register with the Federal Motor Carrier Safety Administration.)