[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5150 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5150
To require the Comptroller General of the United States to conduct a
study on chameleon carriers in the United States and require the
Administrator of the Federal Motor Carrier Safety Administration to
plan, develop, and test an advanced automation tool to help enforcement
personnel detect chameleon carrier applications under the registration
process of the Department of Transportation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2026
Mr. Young (for himself and Mr. Kim) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Comptroller General of the United States to conduct a
study on chameleon carriers in the United States and require the
Administrator of the Federal Motor Carrier Safety Administration to
plan, develop, and test an advanced automation tool to help enforcement
personnel detect chameleon carrier applications under the registration
process of the Department of Transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety and Accountability in Freight
Enforcement Act'' or the ``SAFE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety
Administration.
(2) Broker; freight forwarder; motor carrier.--The terms
``broker'', ``freight forwarder'', and ``motor carrier'' have
the meanings given those terms in section 13102 of title 49,
United States Code.
(3) Chameleon carrier.--The term ``chameleon carrier''
means a motor carrier, intermodal equipment provider, broker,
or freight forwarder, or an officer, employee, agent,
authorized representative, or other affiliated party of a motor
carrier, intermodal equipment provider, broker, or freight
forwarder, that has, directly or indirectly, operated or
attempted to operate a motor carrier, intermodal equipment
provider, broker, or freight forwarder under a new identity or
as an affiliated entity--
(A) to avoid--
(i) complying with a Federal Motor Carrier
Safety Administration order;
(ii) complying with a statutory or
regulatory requirement;
(iii) paying a civil penalty;
(iv) responding to an enforcement action;
or
(v) being linked with a negative compliance
history;
(B) to avoid or evade increased insurance premiums,
policy cancellations, or underwriting restrictions by
obtaining or attempting to obtain insurance coverage
under a new or materially different identity, ownership
structure, or corporate form;
(C) to misrepresent ownership, control, management,
or operational continuity to an insurer, broker, or
underwriter for the purpose of securing lower insurance
rates or favorable coverage terms; or
(D) to reincorporate, re-register, or otherwise
reconstitute a carrier entity following the denial,
nonrenewal, or cancellation of an insurance policy due
to safety, claims, or compliance history.
(4) USDOT number.--The term ``USDOT number'' means a USDOT
number issued under section 31134 of title 49, United States
Code.
SEC. 3. REPORT ON CHAMELEON CARRIERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report describing the results of a study that examines
chameleon carriers on United States roadways.
(b) Contents.--The report under subsection (a) shall include--
(1) the estimated number of chameleon carriers on United
States roadways at any given time;
(2) the prevalence of chameleon carriers on United States
roadways since the issuance of the report of the Government
Accountability Office entitled ``Motor Carrier Safety: New
Applicant Reviews Should Expand to Identify Freight Carriers
Evading Detection'', numbered GAO-12-364, and dated March 22,
2012;
(3) the estimated number of fatalities caused by chameleon
carriers since the issuance of the report described in
paragraph (2), including the number of fatalities in each
State;
(4) the estimated number of serious bodily injuries caused
by chameleon carriers since the issuance of the report
described in paragraph (2), including the number of serious
bodily injuries in each State;
(5) the estimated amount of property damage caused by
chameleon carriers since the issuance of the report described
in paragraph (2);
(6) an identification and analysis of the methods and
techniques used by chameleon carriers to evade Federal
enforcement, including how those methods and techniques have
evolved over time;
(7) an identification and analysis of the existing
monitoring and enforcement capabilities, along with any
shortcomings, of the Department of Transportation to detect and
mitigate chameleon carrier activity, including--
(A) the registration process for USDOT numbers;
(B) the existing software capabilities of the
Department of Transportation to detect chameleon
carrier applicants;
(C) any recommendations for improving data fields
within the Motor Carrier Management Information System;
and
(D) any existing penalties prescribed under Federal
statutes and regulations for chameleon carriers;
(8) any other relevant priorities, as determined necessary
by the Comptroller General of the United States, in
consultation with the Administrator; and
(9) any legislative recommendations to address matters
relating to chameleon carriers.
(c) Collaboration.--In carrying out the study under subsection (a),
the Comptroller General of the United States may collaborate with other
Federal agencies, State and local governments, institutions of higher
education, and private sector entities.
SEC. 4. ADVANCED AUTOMATION TOOL.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop, test, and implement an
advanced automation tool to help Federal Motor Carrier Safety
Administration registration personnel detect chameleon carrier
applications under the registration process for USDOT numbers.
(b) Collaboration.--
(1) In general.--In developing the advanced automation tool
under subsection (a), the Administrator may collaborate with
other Federal agencies, State and local governments,
institutions of higher education, and the private sector as
necessary to develop and test the advanced automation tool.
(2) 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 described in subsection (c),
which may include--
(A) the Department of the Treasury;
(B) the Department of Justice;
(C) the United States Postal Service;
(D) the Department of Homeland Security;
(E) the Department of Commerce;
(F) the Department of State; and
(G) relevant operating administrations within the
Department of Transportation.
(3) State agencies.--The Administrator shall enter into a
memorandum of understanding with any relevant State agency to
share information needed to implement the requirements
described in subsection (c).
(c) Requirements.--The advanced automation tool developed under
subsection (a) shall include--
(1) the ability to detect chameleon carrier-like
characteristics that support evidence of substantial continuity
between entities, including--
(A) whether the new or affiliated entity was
created for the purpose of evading statutory or
regulatory requirements, a Federal Motor Carrier Safety
Administration order, enforcement action, or negative
compliance history;
(B) the safety performance history of the previous
entity, including, at a minimum--
(i) any safety violations; and
(ii) any enforcement actions of the
Secretary of Transportation;
(C) existing or inactive USDOT numbers;
(D) consideration exchanged for assets purchased or
transferred;
(E) dates of company creation and dissolution or
cessation of operations;
(F) commonality of ownership between the current
and former company or between current companies;
(G) commonality of officers and management
personnel;
(H) identity of physical or mailing addresses,
telephone numbers, fax numbers, or email addresses;
(I) identity of motor vehicle equipment;
(J) continuity of liability insurance policies or
commonality of coverage under those policies;
(K) commonality of drivers and other employees;
(L) continuation of carrier facilities and other
physical assets;
(M) continuity or commonality of nature and scope
of operations; and
(N) advertising, corporate name, or other acts
through which the company holds itself out to the
public;
(2) the ability to detect lapses in insurance coverage;
(3) the ability to compile evidence of the chameleon
carrier-like characteristics under paragraph (1) relevant to--
(A) a determination of whether to approve a
registration application; or
(B) a determination of whether to issue a USDOT
number;
(4) the ability to provide automated decision support
relevant to a determination described in paragraph (3), while
keeping responsibility for final determinations with employees
of the Federal Motor Carrier Safety Administration;
(5) the ability to automate information sharing between
Federal agencies; and
(6) any other relevant priorities, as determined necessary
by the Administrator.
(d) Appeals for Redetermination.--
(1) In general.--In establishing the advanced automation
tool under subsection (a), the Administrator shall develop an
appeals process pursuant to which a person denied a USDOT
number on the basis of a flag by that tool may seek a review of
the denial.
(2) Notification.--In establishing the advanced automation
tool under subsection (a), the Administrator shall provide for
a process pursuant to which a person denied a USDOT number as
described in paragraph (1) shall receive a notification of that
denial that--
(A) includes the factors flagged by the tool; and
(B) provides instructions to the person to correct
the application for the USDOT number not later than 30
days after receipt of the notification.
(3) Timing of redetermination.--The appeals process
developed under paragraph (1) shall provide for a
redetermination on the amended application for a USDOT number
to take effect not later than 30 days after the receipt of a
corrected application under paragraph (2)(B).
(e) Briefing.--Not later than 30 days after the date of enactment
of this Act, 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 that
issue or meet the objectives of this Act.
(f) Rule of Construction.--Nothing in this Act allows the final use
of an automated decision made by the advanced automation tool developed
under subsection (a) for any relevant registration or the issuance of a
USDOT number.
(g) Data Privacy.--In developing the advanced automation tool under
subsection (a), the Administrator shall ensure that data used by that
tool is not disclosed for a purpose not described in this section.
(h) Audit and Report on Effectiveness.--
(1) In general.--Not later than 2 years after the date of
implementation of the advanced automation tool developed under
subsection (a), the Inspector General of the Department of
Transportation shall submit to Congress a report on the
effectiveness of that tool.
(2) Contents.--The report under paragraph (1) shall
include--
(A) the results of an audit of the effectiveness of
the advanced automation tool developed under subsection
(a);
(B) empirical data on outcomes of the use of that
tool, including--
(i) the number of flagged and rejected
applications for USDOT numbers;
(ii) any reduction in severe crashes; and
(iii) the number of errors and application
redeterminations under subsection (d); and
(C) any recommendations to improve the
effectiveness of the tool.
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