“A bill to ensure secure transport of Department of Defense freight, and for other purposes.”
No CRS summary available for this bill.
This section establishes a certification requirement for Department of Defense (DoD) contracts for motor carrier cargo transportation—including those awarded by U.S. Transportation Command or Military Surface Deployment and Distribution Command—prohibiting award or performance by covered carriers (i.e., motor carriers, subcontractors, and owner-operators at all tiers) affiliated with Chinese military companies. Covered carriers must certify, to the best of their knowledge after reasonable inquiry, that they are not owned or controlled by, and do not have significant business relationships with (as defined by the Secretary of Defense in regulations), entities on the most recent list of Chinese military companies under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note); prime contractors must flow down the requirement to lower-tier subcontractors and owner-operators and retain certifications for five years, with false certifications subject to DoD suspension or debarment and civil penalties under 18 U.S.C. 1001. The Secretary of Defense must issue implementing regulations within 180 days of enactment, including integration into Military Surface Deployment and Distribution Command carrier approval processes.
This section establishes the Secure Defense Freight Carrier Registry of motor carriers approved to transport Department of Defense (DoD) freight, to be codified as a new chapter 140 in subtitle IV of title 49, United States Code. Not later than one year after enactment, the Secretary of Transportation, acting through the Federal Motor Carrier Safety Administration Administrator and in coordination with the Secretary of Defense, must establish and maintain the registry. To be eligible for inclusion, a motor carrier must (1) hold valid operating authority from the Federal Motor Carrier Safety Administration; (2) meet applicable DoD carrier qualification standards; (3) undergo enhanced national security vetting, including screening for ownership, control, or significant business relationships with entities on the list maintained under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) or other foreign adversaries designated by the Secretary of Defense, and verification that drivers and personnel with access to DoD freight meet security standards comparable to Transportation Worker Identification Credential programs, with periodic revetting at least every two years; and (4) apply through a streamlined process coordinated with existing DoD carrier approval systems. Beginning one year after enactment, motor carriers must be included in the registry to bid on or perform DoD freight transportation contracts, subject to waivers by the Secretary of Defense for exigent circumstances. This section also makes a conforming amendment to the table of chapters for subtitle IV of title 49, United States Code.