S. 4077

119 S4077 IS: Trucking Security and CCP Disclosure Act of 2026
 U.S. Senate
 2026-03-12
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II
 119th CONGRESS  2d Session
 S. 4077
 IN THE SENATE OF THE UNITED STATES
 March 12, 2026
  Mr. Cotton  introduced the following bill; which was read twice and referred to the  Committee on Armed Services
 A BILL
To ensure secure transport of Department of Defense freight, and for other purposes.
1.
Short title
This Act may be cited as the   Trucking Security and CCP Disclosure Act of 2026  .
2.
Certification requirement for motor carriers transporting Department of Defense freight
 Chapter 157  of title 10, United States Code, is amended by inserting after  section 2631a  the following new section:
2631b.
Certification regarding affiliations with Chinese military companies for surface transportation contracts
(a)
Certification required
(1)
No contract for the transportation of cargo by motor carrier for the Department of Defense (including contracts awarded by the United States Transportation Command or the Military Surface Deployment and Distribution Command) may be awarded to, or performed by, any covered carrier unless such covered carrier submits a certification described in subsection (b).
(2)
The requirement under paragraph (1) shall apply to prime contractors, subcontractors, and owner-operators at all tiers.
(b)
Contents of certification
A certification under this section shall state that, to the best of the covered carrier's knowledge after reasonable inquiry—
(1)
the covered carrier is not owned or controlled by, and does not have significant business relationships with, any entity identified on the most recent list of Chinese military companies required 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); and
(2)
the covered carrier will require the same certification from any subcontractor or owner-operator it engages for performance of the contract.
(c)
Flow-Down and recordkeeping
Prime contractors shall include the substance of this certification requirement in all subcontracts and lease agreements for Department of Defense freight transportation. Covered carriers shall maintain records of certifications for not less than 5 years.
(d)
Penalties
Any covered carrier that knowingly provides a false certification under this section shall be subject to suspension or debarment from Department of Defense contracting and civil penalties under section 1001 of title 18.
(e)
Implementation
The Secretary of Defense shall prescribe regulations to implement this section not later than 180 days after the date of the enactment of this section, including integration into existing carrier approval processes of the Military Surface Deployment and Distribution Command.
(f)
Definitions
In this section:
(1)
Covered carrier
The term  covered carrier  means any motor carrier, subcontractor, or owner-operator providing surface transportation services.
(2)
Significant business relationships
The term  significant business relationships  shall have the meaning given by the Secretary of Defense in regulations.
 .
3.
Establishment of national security registry for motor carriers handling department of defense freight
(a)
In general
Subtitle IV of title 49, United States Code, is amended by inserting after chapter 139 the following:
140
Secure Defense Freight Carrier Registry
14001. Definition of registry.
14002. Establishment of registry.
14003. Eligibility and approval.
14004. Use of registry.
14001.
Definition of registry
In this chapter, the term  registry  means the Secure Defense Freight Carrier Registry established under section 14002.
14002.
Establishment of registry
Not later than 1 year after the date of the enactment of this chapter, the Secretary, acting through the Administrator of the Federal Motor Carrier Safety Administration and in coordination with the Secretary of Defense, shall establish and maintain a registry, to be known as the  Secure Defense Freight Carrier Registry , of motor carriers approved to transport freight for the Department of Defense.
14003.
Eligibility and approval
(a)
Eligibility requirements
To be included in the registry, a motor carrier shall—
(1)
hold valid operating authority from the Federal Motor Carrier Safety Administration;
(2)
meet all applicable Department of Defense carrier qualification standards;
(3)
undergo enhanced national security vetting, including—
(A)
screening for ownership, control, or significant business relationships with—
(i)
an entity identified on the list maintained by the Department of Defense under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113  note;  Public Law 116–283 ); or
(ii)
any other foreign adversary entity designated by the Secretary of Defense; and
(B)
verification that drivers and personnel with access to Department of Defense freight meet security standards comparable to those required under Transportation Worker Identification Credential programs or other relevant Federal security programs; and
(4)
submit to periodic revetting not less frequently than once every 2 years.
(b)
Application and approval process
(1)
In general
The Secretary shall establish a streamlined application process for inclusion on the registry.
(2)
Requirement
The process established under paragraph (1) shall include coordination with existing Department of Defense carrier approval systems.
14004.
Use of registry
(a)
Prohibition
Subject to subsection (b), beginning 1 year after the date of the enactment of this chapter, a motor carrier may not bid on or perform a Department of Defense freight transportation contract unless the motor carrier is included in the registry.
(b)
Waivers
The Secretary of Defense may grant waivers from the prohibition under subsection (a) for exigent circumstances.
    .
(b)
Clerical amendment
The analysis for subtitle IV of title 49, United States Code, is amended by inserting after the item relating to chapter 139 the following:
   140.   SECURE DEFENSE FREIGHT CARRIER REGISTRY   14001       .