Certification requirement for motor carriers transporting Department of Defense freight

353. 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. .