,,ii #aaith ,,congress #b;d ,session ,s4 #ciej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bf1 #bjbf ,mr4 ,young introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to combat freight fraud and theft1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,american ,freight1 ,enforcement1 and ,reliability in ,transport ,act or the ,,safer ,transport ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,administration ,the term ,administration means the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,administration4 7#c7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#d7 ,broker ,the term broker has the meaning given the term in section #acajb of title #di1 ,united ,states ,code4 7#e7 ,department ,the term ,department means the ,department of ,transportation4 7#f7 ,freight forwarder ,the term freight forwarder has the meaning given the term in section #acajb of title #di1 ,united ,states ,code4 7#g7 ,,mc number ,the term ,,mc number means a motor carrier docket number issued by the ,administration4 7#h7 ,motor carrier ,the term motor carrier has the meaning given the term in section #acajb of title #di1 ,united ,states ,code4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#aj7 ,,usdot number ,the term ,,usdot number has the meaning given the term in section #caacb of title #di1 ,united ,states ,code4 #c4 ,freight ,fraud and ,theft ,advisory ,committee 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish an advisory committee1 to be known as the ,freight ,fraud and ,theft ,advisory ,committee 7referred to in this section as the advisory committee71 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 ,department4 7b7 ,composition ,the advisory committee shall be composed of the following stakeholders3 7#a7 ,stakeholders representing each of the following3 7,a7 ,motor carriers1 including independent owner-operators4 7,b7 ,railroads4 7,c7 ,ports4 7,d7 ,marine terminal operators4 7,e7 ,freight brokers4 7,f7 ,aviation operators4 7,g7 ,state and local law enforcement officials4 7,h7 ,shippers4 7,i7 ,insurance companies4 7#b7 ,other stakeholders that the ,secretary determines would provide insightful information on ways to address freight fraud and theft4 7c7 ,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 theft1 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 theft4 7d7 ,report ,not later than #b years after the date on which the advisory committee is established under subsection 7a71 the advisory committee shall submit to the ,secretary and to the appropriate committees of ,congress a report that includes the findings of the advisory committee1 any recommendations provided to the ,secretary under subsection 7c71 and any other recommendations relating to the matters described in that subsection4 7e7 ,sunset ,the advisory committee shall terminate on submission of the report under subsection 7d74 #d4 ,memorandum of understanding on freight fraud and theft 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary and the ,attorney ,general shall enter into a memorandum of understanding on addressing freight fraud and theft4 7b7 ,requirement ,at a minimum1 the memorandum of understanding entered into under subsection 7a7 shall-- 7#a7 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 ,department1 and specify the method for such notification2 and 7#b7 require the ,department of ,justice to establish a process for receiving and handling such information from the ,department4 #e4 ,securing the registration system of the ,administration 7a7 ,in general ,during the #e-year period beginning on the date of enactment of this ,act1 the ,secretary-- 7#a7 shall not issue or renew an ,,mc number2 and 7#b7 shall take other appropriate steps to phase out reference to ,,mc numbers4 7b7 ,transition ,to use of ,,usdot numbers ,the ,secretary shall ensure that1 as of the date that is #e years after the date of enactment of this ,act-- 7#a7 no motor carrier1 broker1 or freight forwarder holds an ,,mc number2 and 7#b7 each motor carrier1 broker1 and freight forwarder has been assigned a ,,usdot number4 7c7 ,registration of freight forwarders ,section #acijc7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 has been issued a ,,usdot number under section #caacd4 4 7d7 ,registration of brokers ,section #acijd7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 has been issued a ,,usdot number under section #caacd4 4 7e7 ,definitions ,section #caacb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking the em dash and inserting a colon2 7#b7 in paragraph 7#h71 by striking #caacf and #caadj-caadb and inserting #caacf1 #caada1 and #caadb2 7#c7 in each of paragraphs 7#a7 through 7#aa7-- 7,a7 by inserting ,the term after the paragraph designation2 and 7,b7 by inserting a paragraph heading1 the text of which comprises the term defined in the paragraph2 7#d7 by redesignating paragraphs 7#a7 through 7#aa7 as paragraphs 7#b71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ac71 7#ad71 7#ae71 and 7#af71 respectively2 7#e7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,administration ,the term ,administration means the ,federal ,motor ,carrier ,safety ,administration4 2 7#f7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,convicted ,the term convicted1 with respect to an employer or person1 means that a conviction has been made final with respect to that employer or person4 7#d7 ,conviction ,the term conviction means a finding of guilt 7including a plea of nolo contendere7 or imposition of sentence1 or both1 by any judicial body charged with the responsibility to determine violations of ,federal or ,state law4 7#e7 ,covered felony ,the term covered felony means a felony under ,federal or ,state law involving-- 7,a7 transportation1 trafficking1 or smuggling of persons1 property1 firearms1 or controlled substances2 7,b7 theft1 fraud1 coercion1 or extortion-- 7i7 involving the commercial transportation of property or passengers2 or 7ii7 in connection with operation as a motor carrier2 or 7,c7 transportation of property or passengers in violation of an immigration or labor law4 2 7#g7 by inserting after paragraph 7#aa7 7as so redesignated7 the following3 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 2 and 7#h7 by adding at the end the following3 7#ag7 ,,usdot number ,the term ,,usdot number means a unique identifier issued to an employer or person under section #caacd4 4 7f7 ,,usdot numbers ,section #caacd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the fourth sentence1 by striking ,an and inserting the following3 7#e7 ,motor carriers ,an 2 7,b7 in the third sentence1 by striking ,nothing and inserting the following3 7#d7 ,intrastate operators ,nothing 2 7,c7 in the second sentence1 by striking ,an and inserting the following3 7#b7 ,registration and ,,usdot number required ,an 2 7,d7 by striking the subsection designation and heading and all that follows through the period at the end of the first sentence and inserting the following3 7a7 ,registration 7#a7 ,in general ,on application1 and subject to paragraphs 7#c7 and 7#f7 and subsections 7b7 and 7d71 the ,secretary shall register-- 7,a7 an employer or person subject to the safety jurisdiction of this subchapter2 or 7,b7 a motor carrier1 broker1 or freight forwarder subject to chapter #aci4 2 and 7,e7 by inserting after paragraph 7#b7 the following3 7#c7 ,,usdot numbers ,a ,,usdot number shall-- 7,a7 be required to obtain registration under this section or part ,b of subtitle ,,iv2 7,b7 uniquely identify the employer or person to which it is issued2 and 7,c7 be the only unique identifier issued by the ,secretary to the employer or person for purposes of this section or part ,b of subtitle ,,iv4 2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking subsection 7a7 and inserting this subsection2 7,b7 in paragraph 7#b7-- 7i7 by striking 7,a72 and 7ii7 by striking listed in subsection 7b77#a7 and inserting described in subparagraph 7,a72 7,c7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 and 7,d7 by striking the subsection designation and heading and all that follows through ,the in the matter preceding subparagraph 7,a7 7as so redesignated7 and inserting the following3 7#f7 ,requirements ,the 2 7#c7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 7#d7 by inserting after subsection 7a7 the following3 7b7 ,withholding of registration ,the ,secretary may withhold registration from an employer or person under subsection 7a7 if the employer or person has been convicted of a covered felony relating to the motor carrier operations of1 or use of a commercial motor vehicle by1 the employer or person4 7c7 ,ownership changes and transfers ,not later than #cj days after a motor carrier1 broker1 or freight forwarder associated with a ,,usdot number of an employer or person under this section experiences a change in ownership1 including through purchase1 sale1 merger1 acquisition1 or any other transfer1 the new employer or person owning the motor carrier1 broker1 or freight forwarder shall notify the ,administration of the change in ownership4 2 and 7#e7 in subsection 7d7 7as so redesignated7-- 7,a7 in paragraph 7#a71 by striking sections #acije7;d77#a7 and inserting section #acije7;d77#b72 7,b7 in paragraph 7#b71 by striking listed in subsection 7b77#a7 and inserting described in subsection 7a77#f77;,a72 7,c7 in paragraph 7#c71 by striking listed in subsection 7b77#a7 and inserting described in subsection 7a77#f77;,a72 7,d7 in paragraph 7#d71 by striking the period at the end and inserting 2 or2 7,e7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7,f7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 7,g7 in paragraph 7#a7 7as so designated71 by adding at the end the following3 7,e7 the employer or person failed to disclose1 in an application for registration under subsection 7a7 or any update required by subsection 7e71 a material fact relevant to the willingness or ability of the employer or person to comply with-- 7i7 the requirements described in subsection 7a77#f77;,a72 or 7ii7 an order of the ,secretary4 2 and 7,h7 by adding at the end the following3 7#b7 ,certain convictions ,the ,secretary may revoke the registration of an employer or person issued under subsection 7a7 after notice and an opportunity for a proceeding1 or suspend the registration after giving notice of the suspension to the employer or person1 if the employer or person has been convicted of a covered felony relating to the motor carrier operations of1 or use of a commercial motor vehicle by1 the employer or person4 4 7g7 ,registration of motor carriers ,section #acijb7;a77#d7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,if and inserting the following3 7,a7 ,in general ,if 2 and 7#b7 by adding at the end the following3 7,b7 ,certain convictions ,the ,secretary may withhold registration from a registrant if the registrant has been convicted 7as defined in section #caacb7 of a covered felony 7as defined in that section7 relating to the motor carrier operations of1 or use of a commercial motor vehicle by1 the registrant4 4 7h7 ,completion of registration system ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall complete all requirements relating to the establishment of the ,unified ,carrier ,registration ,system under section #acijh of title #di1 ,united ,states ,code4 7i7 ,conforming amendments 7#a7 ,section #cba7d7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dega7d77 is amended by striking paragraph 7#a7 and inserting paragraph 7#b74 7#b7 ,section #bbd7;b7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caajj note2 ,public ,law #ajf-aei7 is amended1 in the first sentence1 by striking section #caacb7a77;,b7 and inserting section #caacb7b77;,b74 7#c7 ,section #djjh7;b7 of the ,transportation ,equity ,act for the #bast ,century 7#di ,u4,s4,c4 #caacf note2 ,public ,law #aje-agh7 is amended by striking section #caacb7a77;,b7 of such title 7as amended by subsection 7a77 and inserting section #caacb7b77;,b7 of that title4 7#d7 ,section #cbgjb7c7 of the ,motorcoach ,enhanced ,safety ,act of #bjab 7#di ,u4,s4,c4 #caacf note2 ,public ,law #aab-ada7 is amended by striking section #caacb7a7 and inserting section #caacb4 7#e7 ,subchapter ,,iii of chapter #caa of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking ,federal ,motor ,carrier ,safety ,administration each place it appears and inserting ,administration2 and 7,b7 by striking ,secretary of ,transportation each place it appears and inserting ,secretary4 #f4 ,strengthening ,state licensing to ensure legal drivers 7a7 ,in general ,section #cacaa7;a77#ab7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking subparagraphs 7,b7 and 7,c7 and inserting subparagraphs 7,b7 through 7,d72 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 ,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-- 7i7 confirm that the applicant for the commercial learner's permit or commercial driver's license is authorized to work in the ,united ,states2 7ii7 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 ,states2 and 7iii7 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 expire1 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 expires4 4 7b7 ,monthly report ,chapter #cac of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cacah4 ,monthly report on commercial driver's licenses ,not later than the last day of each month1 each ,state that issues commercial driver's licenses under this chapter shall submit to the ,secretary of ,transportation a report describing-- 7#a7 the number of commercial learner's permits issued by the ,state during the preceding month2 7#b7 the number of commercial driver's licenses issued by the ,state during the preceding month2 7#c7 the number of foreign non-domiciled commercial driver's licenses issued by the ,state during the preceding month2 7#d7 the number of endorsements issued by the ,state during the preceding month2 and 7#e7 the number of1 and justification for1 revocations1 suspensions1 and downgrades of commercial driver's licenses by the ,state during the preceding month4 4 7c7 ,clerical amendment ,the analysis for chapter #cac of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cacah4 ,monthly report on commercial driver's licenses4 4 #g4 ,improvements to commercial driver's license training provider registry ,section #cacje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting 7referred to in this section as the ,secretary7 after ,secretary of ,transportation2 and 7#b7 by adding at the end the following3 7e7 ,training provider registry 7#a7 ,definitions ,in this subsection3 7,a7 ,administration ,the term ,administration means the ,federal ,motor ,carrier ,safety ,administration4 7,b7 ,principal place of business ,the term principal place of business1 with respect to a provider1 means a single physical business location of the provider where-- 7i7 management officials of the provider report to work2 and 7ii7 the provider conducts a significant portion of its business relating to the training of persons to transport persons or property4 7,c7 ,provider ,the term provider means a training provider 7within the meaning of subpart ,g of part #chj of title #di1 ,code of ,federal ,regulations 7or successor regulations774 7,d7 ,registry ,the term registry means the training provider registry maintained by the ,administration4 7#b7 ,audits 7,a7 ,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 training4 7,b7 ,role of ,states ,the ,secretary may require ,states-- 7i7 to conduct an audit under subparagraph 7,a72 or 7ii7 to collect relevant information from providers in the ,state for the ,administration to audit4 7#c7 ,removal for nondisclosure of certain relationships ,on complaint or on the initiative of the ,secretary1 the ,secretary may1 after providing notice and an opportunity to be heard1 withhold1 suspend1 or revoke the registration of any provider listed on the registry if the ,secretary finds that the provider failed to disclose any relationship1 whether arising from common ownership1 management1 control1 or familial ties1 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 ,secretary4 7#d7 ,expedited removal from registry ,not later than #abj days after the date of enactment of this subsection1 the ,secretary shall establish a process for ,states to remove a provider from the registry if the ,state determines that the provider-- 7,a7 is no longer in business2 7,b7 has been found guilty of committing fraud2 or 7,c7 has violated ,state regulations governing commercial motor vehicle operator training4 7#e7 ,registration of providers 7,a7 ,in general ,an entity seeking to become a provider in accordance with subsection 7c7 shall register with the ,administration4 7,b7 ,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 ,administration4 7,c7 ,existing providers ,a provider listed on the registry as of the date of enactment of this subsection-- 7i7 shall register a principal place of business with the ,administration by the date that is #a year after that date of enactment2 and 7ii7 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 7i74 7#f7 ,deadline for review of complaints against providers ,not later than #ahj days after receiving a complaint against a provider included on the registry1 the ,administration shall make a determination with respect to resolving that complaint4 4 #h4 ,preventing1 detecting1 and addressing fraud in registration 7a7 ,definitions ,in this section3 7#a7 ,existing user ,the term existing user means a motor carrier that has access to1 is registered for1 or is otherwise included in the registration system4 7#b7 ,flagged user ,the term flagged user means a new user or existing user-- 7,a7 the activity of which is flagged as suspicious by an automated system implemented under subsection 7b72 7,b7 with respect to which a discrepancy or other suspicious matter is identified2 or 7,c7 with respect to which the ,administration receives a report or other notification of-- 7i7 failure to disclose a material fact2 7ii7 fraud2 7iii7 any activity indicative of fraud2 or 7iv7 any other suspicious activity pertaining to the registration system4 7#c7 ,new user ,the term new user means a motor carrier or broker that first accesses or registers1 or is first included in1 the registration system4 7#d7 ,person ,the term person has the meaning given the term in section #acajb of title #di1 ,united ,states ,code4 7#e7 ,registration system ,the term registration system means the system that the ,administration uses to register motor carriers or brokers as required under section #acijh of title #di1 ,united ,states ,code4 7b7 ,automated systems ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop and implement #a or more automated systems to flag suspicious activity in the registration system1 or by motor carriers1 brokers1 or other persons dealing with the ,administration1 such as-- 7#a7 rapid or unusual changes to motor carrier or broker information2 7#b7 unusual registration patterns2 or 7#c7 duplicate business identifiers4 7c7 ,review of flagged users 7#a7 ,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 system4 7#b7 ,requirements ,a review under paragraph 7#a7 shall-- 7,a7 begin immediately on-- 7i7 the flagging of suspicious activity by an automated system implemented under subsection 7b72 7ii7 the identification of any discrepancy or other suspicious matter2 or 7iii7 the receipt of a report or other notification described in subsection 7a77#c77;,c72 and 7,b7 include an audit of the flagged user1 if appropriate or necessary to resolve the review4 7#c7 ,suspension 7,a7 ,in general ,the ,administrator may-- 7i7 temporarily suspend the registration of any flagged user in the registration system during a review under paragraph 7#a72 or 7ii7 note in any record of the ,administration1 including a public record published on the registration system1 that a review of the applicable flagged user is ongoing4 7,b7 ,requirement ,if the ,administrator temporarily suspends a registration of a flagged user under subparagraph 7,a77i71 the ,administrator shall provide to the flagged user a period of not less than #cj days to respond to and address any problems identified by the ,administrator for purposes of resolving the review4 7#d7 ,removal and other penalties 7,a7 ,in general ,on a determination that a motor carrier1 broker1 or any other person has failed to disclose a material fact1 submitted fraudulent information1 or committed fraud with respect to the registration system1 the ,administrator shall1 as the ,administrator determines to be appropriate-- 7i7 remove the person from the public view of the registration system2 7ii7 remove the ability of the person to access the registration system2 or 7iii7 suspend or revoke the authority of the person to operate as a motor carrier1 broker1 or otherwise4 7,b7 ,requirement ,if the ,administrator takes an action described in subparagraph 7,a77iii71 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 person4 7d7 ,records updates ,any update to a record in the registration system under this section-- 7#a7 shall be made instantaneously1 or as near instantaneously as possible1 with respect to the determination relating to the update2 and 7#b7 shall not be made unless the person requesting the update verifies that the person is authorized to request the update4 7e7 ,guidance 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall issue to motor carriers and brokers guidance about how to protect against fraudulent activities4 7#b7 ,updates ,the ,administrator shall update the guidance issued under paragraph 7#a7 as appropriate to improve awareness of fraudulent activities4 #i4 ,enforcement of cabotage laws 7a7 ,in general ,the ,administrator and the ,commissioner of ,u4,s4 ,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-- 7#a7 section #acijb7k7 of title #di1 ,united ,states ,code1 relating to the prohibition on the provision of point-to-point transportation services within the ,united ,states by drivers or motor carriers1 including motor private carriers 7as defined in section #acajb of title #di1 ,united ,states ,code71 domiciled in ,mexico or ,canada operating in the ,united ,states2 and 7#b7 section #acijb7l7 of title #di1 ,united ,states ,code1 relating to the prohibition on the provision of point-to-point transportation services within the ,united ,states by unauthorized alien drivers4 7b7 ,registration of motor carriers ,section #acijb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,prohibiting certain foreign motor carriers from point-to-,point transport of domestic cargo in the ,united ,states 7#a7 ,in general ,a motor carrier or motor private carrier described in paragraph 7#b7 shall not transport domestic cargo from a point originating within the ,united ,states to a destination point also within the ,united ,states4 7#b7 ,motor carriers and motor private carriers described ,a motor carrier or motor private carrier referred to in paragraph 7#a7 is a motor carrier or motor private carrier that-- 7,a7 is domiciled in ,canada or ,mexico2 or 7,b7 is domiciled in the ,united ,states but owned or controlled1 directly or indirectly1 by a person domiciled in ,mexico4 7l7 ,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 7as defined in section #cacja7 operated by an alien 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777 who is not authorized by ,u4,s4 ,citizenship and ,immigration ,services to engage in employment in the ,united ,states that includes driving a commercial motor vehicle4 4 7c7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall revise section #cfe4aja,t7h7 of title #di1 ,code of ,federal ,regulations1 to reflect the requirements of subsection 7a7 and section #acijb7k7 of title #di1 ,united ,states ,code4 #aj4 ,reimbursement of certain victims of freight theft ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall reimburse the victims of cargo theft under section #fei of title #ah1 ,united ,states ,code1 for fines paid by such victims to ,u4,s4 ,customs and ,border ,protection for containers that are not sealed as required by regulations prescribed pursuant to section #bjd of the ,security and ,accountability ,for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #idd74 #aa4 ,criminal penalties2 submission or use of fraudulent certifications 7a7 ,definition of fraudulent certification ,in this section1 the term fraudulent certification means any statement1 representation1 or omission of fact1 including in any writing or document1 that-- 7#a7 is material2 7#b7 is known by the person submitting or using it to be false1 fictitious1 misleading1 or incomplete2 and 7#c7 is submitted or used in connection with any registration1 certification1 filing1 or compliance requirement administered by the ,administration under chapter #e1 #caa1 #cac1 or #cae of title #di1 ,united ,states ,code4 7b7 ,criminal penalty ,any person who knowingly and willfully submits to the ,administrator or otherwise uses a fraudulent certification and1 by means of that fraudulent certification or any authority or status obtained pursuant to that fraudulent certification1 engages or attempts to engage in the unlawful transportation of property or passengers in interstate commerce shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 #ab4 ,foreign dispatch services 7a7 ,definition of foreign dispatch service ,section #acajb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking 1 the following definitions shall apply2 7#b7 by redesignating paragraphs 7#f7 through 7#bg7 as paragraphs 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 7#bh71 and 7#ai7 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7#c7 by inserting after paragraph 7#e7 the following3 7#f7 ,foreign dispatch service ,the term foreign dispatch service means a person that-- 7,a7 is not located in the ,united ,states1 ,mexico1 or ,canada2 7,b7 maintains its principal place of business or substantial operations in a foreign country2 7,c7 acts as a direct licensed agent on behalf of #a or more motor carriers through a formal written agreement2 7,d7 receives compensation from those motor carriers based on a predetermined written legal contractual agreement2 7,e7 discloses that-- 7i7 the person is a dispatch service operating under an agreement with a specific motor carrier2 and 7ii7 the relevant shipment is arranged for that motor carrier only2 7,f7 provides only administrative or support services limited to-- 7i7 coordinating freight movements without assuming responsibility for the cargo or arranging transportation2 and 7ii7 communicating through a broker to arrange for the transportation of shipments for the motor carrier2 and 7,g7 does not seek or solicit shippers for freight4 4 7b7 ,registration 7#a7 ,in general ,chapter #aci of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aciaj4 ,registration of foreign dispatch services as brokers ,a person operating as a foreign dispatch service shall register as a broker4 4 7#b7 ,clerical amendment ,the analysis for chapter #aci of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aciaj4 ,registration of foreign dispatch services as brokers4 4 7c7 ,conforming amendments 7#a7 ,section #cbgjb7e7 of the ,motorcoach ,enhanced ,safety ,act of #bjab 7#di ,u4,s4,c4 #caacf note2 ,public ,law #aab-ada7 is amended-- 7,a7 in subparagraph 7,a71 by striking section #acajb7ad7 and inserting section #acajb2 and 7,b7 in subparagraph 7,b71 by striking section #acajb7ae7 of that title and inserting that section4 7#b7 ,section #adaja7;b77#a7 of title #di1 ,united ,states ,code1 is amended1 in the first sentence1 by striking section #acajb7aj77;,a7 and inserting section #acajb7aa77;,a74 7#c7 ,section #adajd7;b77#a77;,a7 of title #di1 ,united ,states ,code1 is amended by striking section #acajb7aj77;,a7 and inserting section #acajb7aa77;,a74 7#d7 ,section #adgjf7;c77#a77;,a7 of title #di1 ,united ,states ,code1 is amended by striking section #acajb7aj77;,a7 and inserting section #acajb7aa77;,a74 #ac4 ,records maintenance ,section #adabb of title #di1 ,united ,states ,code1 is amended by striking subsection 7a7 and inserting the following3 7a7 ,form and maintenance of records 7#a7 ,form of records ,the ,secretary or the ,board1 as applicable1 may prescribe the form of records required to be prepared or compiled under this subchapter by carriers and brokers1 including records related to movement of traffic and receipts and expenditures of money4 7#b7 ,maintenance of records ,records described in paragraph 7#a7 shall be maintained or made accessible upon demand at the principal place of business of the carrier or broker4 7#c7 ,savings provision ,nothing in this subsection prevents the ,secretary or the ,board1 as applicable1 from conducting an investigation at a location other than the principal place of business or virtually4 4 #ad4 ,definition of broker2 unlawful brokerage activities 7a7 ,definition of broker ,section #acajb of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,broker 7,a7 ,in general ,the term broker means a person who offers for sale1 negotiates for1 or holds itself out by solicitation1 advertisement1 technology1 or otherwise as selling1 providing1 or arranging for1 transportation by motor carrier for direct or indirect compensation4 7,b7 ,exclusion ,the term broker does not include a person providing only financial assistance1 analysis1 or accounting services4 4 7b7 ,unlawful brokerage activities ,section #adiaf7;a7 of title #di1 ,united ,states ,code1 is amended by striking the subsection designation and heading and all that follows through that person-- in the matter preceding paragraph 7#a7 and inserting the following3 7a7 ,prohibited activities ,a person may provide interstate brokerage services only if that person-- 4