,i #aaith ,,congress #b;d ,session ,h4 ,r4 #geci ,,in ,,the ,,house ,,of ,,representatives ,february #ab1 #bjbf ,ms4 ,hageman introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to direct the ,administrator of the ,federal ,motor ,carrier ,safety ,administration to conduct a study on chameleon carriers in the ,united ,states and plan1 develop1 and test an advanced automation tool to help enforcement personnel detect chameleon carrier applications under the registration process of the ,department of ,transportation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safety and ,accountability in ,freight ,enforcement ,act or the ,,safe ,act4 #b4 ,report on chameleon carriers 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that contains the results of a study that examines chameleon carriers on ,united ,states roadways4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 the estimated number of chameleon carriers on ,united ,states roadways at any given time2 7#b7 the prevalence of chameleon carriers on ,united ,states roadways since the issuance of the report of the ,government ,accountability ,office titled ,motor ,carrier ,safety3 ,new ,applicant ,reviews ,should ,expand to ,identify ,freight ,carriers ,evading ,detection1 issued ,march #bb1 #bjab2 7#c7 the estimated number of fatalities caused by chameleon carriers since the report described in paragraph 7#b71 including the number of fatalities broken down by ,state2 7#d7 the estimated number of serious bodily injuries caused by chameleon carriers since the report described in paragraph 7#b71 including the number of serious bodily injuries broken down by ,state2 7#e7 the estimated amount of property damage caused by chameleon carriers since the report described in paragraph 7#b72 7#f7 an identification and analysis of the methods and techniques used by chameleon carriers to evade ,federal enforcement1 including how such methods and techniques have evolved over time2 7#g7 an identification and analysis of the existing monitoring and enforcement capabilities1 along with any shortcomings1 of the ,department of ,transportation to detect and mitigate chameleon carrier activity1 including-- 7,a7 the registration processes for ,department of ,transportation numbers2 7,b7 the existing software capabilities of the ,department of ,transportation to detect chameleon carrier applicants2 7,c7 any recommendations for improving data fields within the ,motor ,carrier ,management ,information ,system2 and 7,d7 any existing penalties laid out under ,federal statute and regulation for chameleon carriers2 7#h7 any other relevant priorities deemed necessary by the ,department of ,transportation2 and 7#i7 any legislative recommendations to address chameleon carriers4 7c7 ,collaboration ,in carrying out the study under subsection 7a71 the ,comptroller ,general may collaborate with other ,federal agencies1 ,state and local governments1 institutions of higher education1 and private sector entities4 #c4 ,advanced automation tool 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall develop1 test1 and implement an advanced automation tool to help ,federal ,motor ,carrier ,safety ,administration registration personnel detect chameleon carrier applications under the registration process for ,department of ,transportation numbers4 7b7 ,collaboration 7#a7 ,in general ,in developing the tool under subsection 7a71 the ,administrator may collaborate with other ,federal agencies1 ,state and local governments1 institutions of higher education1 and the private sector as necessary to develop and test the advanced automation tool4 7#b7 ,federal agencies ,the ,administrator and any ,federal agency the ,administrator determines is relevant shall enter into a memorandum of understanding to share information needed to implement the requirements of the tool under subsection 7c71 which may include-- 7,a7 the ,department of ,treasury2 7,b7 the ,department of ,justice2 7,c7 the ,united ,states ,postal ,service2 7,d7 the ,department of ,homeland ,security2 7,e7 the ,department of ,commerce2 7,f7 the ,department of ,state2 and 7,g7 relevant operating administrations within the ,department of ,transportation4 7#c7 ,state agencies ,the ,administrator shall enter into a memorandum of understanding with any relevant ,state agency to share information needed to implement the requirements of the tool under subsection 7c74 7c7 ,requirements ,the advanced automation tool developed under subsection 7a7 shall include-- 7#a7 the ability to detect chameleon carrier-like characteristics that support evidence of substantial continuity between entities1 including-- 7,a7 whether the new or affiliated entity was created for the purpose of evading statutory or regulatory requirements1 a ,federal ,motor ,carrier ,safety ,administration order1 enforcement action1 or negative compliance history2 7,b7 the previous entity's safety performance history1 including1 among other things1 safety violations and enforcement actions of the ,secretary1 if any2 7,c7 existing or inactive ,department of ,transportation numbers2 7,d7 consideration exchanged for assets purchased or transferred2 7,e7 dates of company creation and dissolution or cessation of operations2 7,f7 commonality of ownership between the current and former company or between current companies2 7,g7 commonality of officers and management personnel2 7,h7 identity of physical or mailing addresses1 telephone1 fax numbers1 or email addresses2 7,i7 identity of motor vehicle equipment2 7,j7 continuity of liability insurance policies or commonality of coverage under such policies2 7,k7 commonality of drivers and other employees2 7,l7 continuation of carrier facilities and other physical assets2 7,m7 continuity or commonality of nature and scope of operations2 and 7,n7 advertising1 corporate name1 or other acts through which the company holds itself out to the public2 7#b7 the ability to detect lapses in insurance coverage2 7#c7 the ability to compile evidence of the chameleon carrier-like characteristics under paragraph 7#a7 relevant to the determination of a registration application for ,department of ,transportation numbers2 7#d7 the ability to provide automated decision support relevant to the determination of any registration application for ,department of ,transportation numbers1 while keeping responsibility for final determinations on employees of the ,administration2 7#e7 the ability to automate information sharing between ,federal agencies2 and 7#f7 any other relevant priorities determined necessary by the ,administrator4 7d7 ,appeals for redetermination 7#a7 ,in general ,in establishing the tool under this section1 the ,administrator shall develop an appeals process under which persons denied a ,department of ,transportation number on the basis of a flag by such tool may seek a review of the denial4 7#b7 ,notification ,in establishing the tool under this section1 the ,administrator shall provide for a process under which a person denied a ,department of ,transportation number as described in paragraph 7#a7 shall receive a notification of such denial that includes the factors flagged by the tool and provides instructions to such person to correct the application for such number not later than #cj days after receipt of the notification4 7#c7 ,timing of redetermination ,the appeals process developed under paragraph 7#a7 shall provide for a redetermination on the amended application for a ,department of ,transportation number to take place not later than #cj days after the receipt of the information described in paragraph 7#b74 7e7 ,briefing ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall brief the congressional committees of jurisdiction on the issue of chameleon carriers and any ongoing efforts or progress that the ,administration has made to combat such issue or meet the objectives of this ,act4 7f7 ,rule of construction ,nothing in this ,act shall be construed to allow the final use of an automated decision by the tool created under this section for ,department of ,transportation number registration4 7g7 ,data privacy ,in developing the tool under subsection 7a71 the ,administrator shall ensure that data used by such tool is not disclosed for a purpose not described in this section4 7h7 ,audit and report on effectiveness 7#a7 ,in general ,not later than #b years after the date of implementation of the tool established under this section1 the inspector general of the ,department of ,transportation shall submit to ,congress a report on the effectiveness of such tool4 7#b7 ,contents ,the report under paragraph 7#a7 shall contain-- 7,a7 the results of an audit of the effectiveness of the tool established under this section2 7,b7 empirical data on outcomes of the use of the tool1 including the number of flagged and rejected applications for ,department of ,transportation numbers1 any reduction in severe crashes1 and the number of errors and application redeterminations under subsection 7d72 and 7,c7 any recommendations to improve the effectiveness of the tool4 #d4 ,definition of chameleon carrier ,in this ,act1 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-- 7#a7 avoid complying with a ,federal ,motor ,carrier ,safety ,administration order2 7#b7 avoid complying with a statutory or regulatory requirement2 7#c7 avoid paying a civil penalty2 7#d7 avoid responding to an enforcement action2 7#e7 avoid being linked with a negative compliance history2 7#f7 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 7#g7 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 7#h7 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