,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ajfbj ,,in ,,the ,,house ,,of ,,representatives ,september #bh1 #bjbf,mr4 ,gill of ,texas 7for himself1 ,mr4 ,weber of ,texas1 ,mr4 ,williams of ,texas1 and ,mr4 ,self7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to strengthen commercial motor vehicle safety and accountability requirements1 prevent the operation of chameleon carriers1 improve ,english language proficiency requirements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trucking ,safety and ,accountability ,act of #bjbf or ,barron's ,law4 #b4 ,foreign driver and immigration compliance 7a7 ,lawful immigration status verification ,section #cacjh7a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by adding and at the end2 and 7#c7 by adding at the end the following3 7,c7 be a citizen or lawful permanent resident of the ,united ,states1 or otherwise be authorized under ,federal law to engage in employment in the ,united ,states that includes driving a commercial motor vehicle2 4 7b7 ,requirements for ,state participation ,section #cacaa7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#bf7 ,the ,state may issue a commercial driver's license or commercial learner's permit to an individual only if the individual meets the immigration and employment authorization requirements established under section #cacjh7a77;,c74 4 7c7 ,integrated immigration status verification ,section #cacji7;b7 of title #di1 ,united ,states ,code is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,e71 by striking and at the end2 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,g7 an indicator of whether the operator satisfies the immigration and employment authorization requirements applicable under section #cacjh7a77;,c74 2 and 7#b7 by adding at the end the following3 7#c7 ,storage of immigration records ,underlying documents related to the indicator required under paragraph 7#a77;,g71 including immigration records or documents1 may not be stored in the information system4 4 7d7 ,implementation ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,homeland ,security1 shall establish a process to accurately maintain1 on the commercial driver's license information system1 the indicator relating to immigration and employment authorization requirements required by section #cacji7;b77#a77;,g7 of title #di1 ,united ,states ,code4 7e7 ,disqualification ,section #cacaj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7l7 ,immigration and employment-,authorization requirements ,the ,secretary shall issue regulations providing for the disqualification from operating a commercial motor vehicle1 for a period of time to be determined by the ,secretary1 an individual who fails to satisfy the immigration and employment authorization requirements established under section #cacjh7a77;,c74 4 #c4 ,english language proficiency enforcement 7a7 ,state program requirement ,section #cacaa of title #di1 ,united ,states ,code1 as amended by section #b1 is further amended by adding at the end the following3 7#bg7 ,before a commercial driver's license or commercial learner's permit is issued or renewed1 the ,state shall require each applicant to pass one or more standardized ,english language proficiency assessments established and approved by the ,administrator of the ,federal ,motor ,carrier ,safety ,administration that-- 7,a7 evaluate an applicant's ability to read and understand ,english sufficiently to safely operate a commercial motor vehicle1 including the ability to-- 7i7 read and understand road signs and safety instructions2 7ii7 understand and respond to spoken instructions and emergency communications2 and 7iii7 complete driver logs1 reports1 and other required documentation2 and 7,b7 contains-- 7i7 a minimum passing standard appropriate to the safe operation of a commercial motor vehicle2 and 7ii7 reasonable procedures consistent with applicable ,federal law for applicants who use ,american ,sign ,language4 4 7b7 ,state reporting ,each ,state shall provide to the ,administrator of the ,federal ,motor ,carrier ,safety ,administration aggregate and compliance information concerning ,english language proficiency testing as the ,administrator determines necessary to administer and enforce the amendments made by this section4 #d4 ,prevention of chameleon carriers 7a7 ,registration of motor carriers ,section #acijb7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,c7 by inserting 1 under penalty of perjury1 after has disclosed2 and 7#b7 by adding at the end the following3 7#g7 ,common ownership relationship 7,a7 ,considerations for relationship disclosure ,in determining whether a person has disclosed a relationship under paragraph 7#a77;,c71 the ,secretary may only consider a familial relationship to be relevant when accompanied by facts indicating common ownership1 management1 control1 operation1 or financing between the person and other applicant4 7,b7 ,chameleon carrier ,the ,secretary shall deny registration to an applicant if the ,secretary determines that the applicant is a chameleon carrier whose registration was revoked during the #c-year period preceding the date of the filing of the application for registration4 7,c7 ,waiver ,the ,secretary may waive the requirement under paragraph 7#a77;,c7 upon a finding that the applicant is a bona fide independent entity and is not being used to evade a ,federal safety requirement4 7,d7 ,registration system updates ,the ,secretary shall update ,department of ,transportation registration systems to collect such unique identifying information as is reasonably necessary to identify chameleon carriers and prevent evasion of registration sanctions4 7,e7 ,chameleon carrier defined ,in this paragraph1 the term chameleon carrier means a motor carrier1 intermodal equipment provider1 broker1 or freight forwarder1 or an officer1 employee1 agent1 authorized representative1 or other affiliated party of such an entity1 that has1 directly or indirectly1 operated or attempted to operate a motor carrier1 intermodal equipment provider1 broker1 or freight forwarder under a new identity or as an affiliated entity to-- 7i7 avoid complying with a ,federal ,motor ,carrier ,safety ,administration order2 7ii7 avoid complying with a statutory or regulatory requirement2 7iii7 avoid paying a civil penalty2 7iv7 avoid responding to an enforcement action2 7v7 avoid being linked with a negative compliance history2 7vi7 avoid or evade increased insurance premiums1 policy cancellations1 or underwriting restrictions by obtaining or attempting to obtain insurance coverage under a new or materially different identity1 ownership structure1 or corporate form2 7vii7 misrepresent ownership1 control1 management1 or operational continuity to an insurer1 broker1 or underwriter for the purpose of securing lower insurance rates or favorable coverage terms2 or 7viii7 reincorporate1 re-register1 or otherwise reconstitute a carrier entity following the denial1 nonrenewal1 or cancellation of an insurance policy due to safety1 claims1 or compliance history4 4 7b7 ,knowing evasion ,federal motor carrier safety sanctions 7#a7 ,in general ,chapter #adi of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #adiag4 ,knowing evasion of ,federal motor carrier safety sanctions ,any person who knowingly makes a materially false statement or conceals a material relationship under section #acijb7;a77#a77;,c71 or uses a successor or affiliated entity for the purpose of evading a registration revocation or other ,federal motor carrier safety sanction1 shall1 notwithstanding section #cega of title #ah1 ,united ,states ,code1 be fined not more than #be1jjj for each violation of this section1 or imprisoned not more than #a year1 or both4 4 7#b7 ,clerical amendment ,the analysis for chapter #adi of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #adiag4 ,knowing evasion of ,federal motor carrier safety sanctions4 4 #e4 ,enhanced ,,fmcsa penalties ,section #eba7;b7 of title #di1 ,united ,states ,code1 is amended by adding the following3 7#af7 ,penalty for knowingly using an ineligible operator ,any motor carrier who is determined by the ,secretary1 after notice and opportunity for a hearing1 to have knowingly employed1 or contracted with1 an operator who is ineligible to operate a commercial motor vehicle under applicable ,federal law shall be liable to the ,united ,states for a civil penalty of-- 7,a7 not less than #be1jjj for each offense2 or 7,b7 if such knowing employment or contracting results in serious injury or death1 not less than #ajj1jjj4 4 #f4 ,cabotage enforcement 7a7 ,in general ,chapter #cac of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cacah4 ,cabotage enforcement 7a7 ,prohibition 7#a7 ,in general ,a foreign motor carrier or a foreign motor private carrier 7as such terms are defined in section #acajb of title #di1 ,united ,states ,code7 or a driver operating pursuant to authority permitting international transportation may not engage in domestic point-to-point transportation within the ,united ,states except to the extent expressly authorized by ,federal law4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to prohibit transportation that is incidental to lawful international commerce and permitted under applicable ,federal law4 7b7 ,civil penalty ,a person that knowingly violates subsection 7a7 shall be subject to a civil penalty of up to #ajj1jjj per vehicle for each day on which a violation occurs4 7c7 ,procedures ,the ,secretary of ,transportation1 in coordination with the ,secretary of ,homeland ,security and in consultation with ,state highway authorities1 shall establish procedures for cabotage enforcement1 including referrals to the ,department of ,homeland ,security for suspected immigration or visa violations and issuance of appropriate out-of-service orders4 7d7 ,state cooperation 7#a7 ,in general ,each ,state shall cooperate with the ,secretary of ,transportation and the ,secretary of ,homeland ,security in the enforcement of this section1 including by-- 7,a7 conducting or cooperating with appropriate inspections2 7,b7 reporting suspected violations2 7,c7 providing access to inspection facilities as authorized by law2 and 7,d7 maintaining enforcement records4 7#b7 ,withholding of funds for noncompliance 7,a7 ,in general ,the ,secretary of ,transportation shall withhold #aj percent of the amount required to be apportioned to any ,state under paragraphs 7#a7 and 7#b7 of section #ajd7;b7 of title #bc1 ,united ,states ,code1 on the first day of each fiscal year after the first fiscal year beginning after the date of enactment of this section for which the ,secretary determines1 after notice and an opportunity to cure1 that the ,state is not in compliance with the requirements of paragraph 7#a74 7,b7 ,effect of withholding ,amounts withheld from a ,state under this paragraph shall remain available for apportionment to the ,state for a period prescribed by the ,secretary of ,transportation and shall be apportioned to the ,state upon a determination that the ,state has returned to substantial compliance with such requirements4 4 7b7 ,clerical amendment ,the analysis for chapter #cac of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cacah4 ,cabotage enforcement4 4 7c7 ,cabotage tracking pilot program 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,transportation1 shall establish a pilot program to evaluate the use of electronic logging1 ,,gps1 geofencing1 and other commercially and operationally feasible technologies at one or more high-volume land ports of entry to identify unlawful domestic point-to-point transportation by foreign-domiciled motor carriers4 7#b7 ,implementation ,the pilot program established under paragraph 7#a7 shall be implemented on a schedule determined practicable by the ,secretaries and shall include appropriate safeguards for data security and privacy4 7#c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,transportation shall jointly submit to ,congress a report on the effectiveness1 cost1 operational feasibility1 and recommended scope of any potential broader deployment of the pilot program established under paragraph 7#a74 7#d7 ,termination ,the pilot program established under paragraph 7#a7 shall terminate on the date on which the ,secretaries submit the report required under paragraph 7#c74 7d7 ,cross-,border data sharing ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,transportation and the ,secretary of ,state1 shall submit to ,congress a report on gaps in cross-border entry1 exit1 immigration-status1 and commercial motor carrier data sharing with ,mexico that impede enforcement of ,federal cabotage and commercial motor vehicle laws4 ,the report shall identify legal1 diplomatic1 technological1 and administrative options for improving such information sharing and enforcement4 #g4 ,implementation and oversight 7a7 ,reports ,the ,secretary of ,transportation and the ,secretary of ,homeland ,security shall each submit an annual report1 or may jointly submit a consolidated annual report1 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives describing the implementation of this ,act and the amendments made by this ,act1 including-- 7#a7 commercial driver's license suspensions and revocations tied to the immigration and employment-authorization requirements established by the amendments made by section #b2 7#b7 aggregate ,english language proficiency testing and ,state compliance information required under section #c7;b72 7#c7 carrier applications denied1 or enforcement actions taken1 under the chameleon carrier provisions established by the amendments made by section #d2 7#d7 cabotage violations identified and enforcement actions taken under section #f2 7#e7 civil1 administrative1 immigration-related1 or other enforcement actions and penalties assessed under this ,act or pursuant to amendments made by this ,act2 and 7#f7 progress on modernization and integration of the commercial driver's license information system and other information systems used to carry out the amendments made by sections #b and #f4 7b7 ,,gao review ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall evaluate the implementation and effectiveness of this ,act1 including the amendments made by this ,act4