Top Legislative Signals for Transportation 

Nuclear verdicts have captured much of the industry's attention recently, but they are only one signal of a broader change taking place across transportation. It is clear that 2026 is shaping up to be a new legal environment for transportation service providers and the shippers that utilize their services.  

Those verdicts are one part of a broader shift: the rules of logistics are being further defined not only in courtrooms, but also through evolving federal policy.  

The next phase of the transportation market will not be shaped by freight demand alone. It will also be shaped by pending measures that determine which capacity is compliant, verifiable, insurable, and commercially viable. That shift matters for shippers, brokers, carriers, insurers, lenders, and every company that depends on reliable freight movement. 

Three measures now stand out as especially important signals for where federal transportation policy may be headed include: 

• H.R. 8870, which is the BUILD America 250 Act;  

• H.R. 5337, which is the Motor Carrier Safety Selection Standard Act;  

• S. 3950, which is the SAFER Transport Act.  

Taken together, these proposals point toward a market that places greater value on funding certainty, safety verification, fraud prevention, and disciplined carrier selection. 

The BUILD America 250 Act  

The BUILD America 250 Act is the broadest and most consequential vehicle because it would set the next multi-year federal surface transportation framework, affecting highways, bridges, rail, transit, motor carrier safety, truck parking, freight policy, and emerging commercial vehicle technology.  

The Motor Carrier Safety Selection Standard Act  

The Motor Carrier Safety Selection Standard Act is narrower but structurally important because it could create a national carrier-selection standard, changing how brokers, shippers, forwarders, insurers, and carriers manage liability and document safety compliance.  

The SAFER Transport Act  

The SAFER Transport Act addresses one of the industry’s fastest-growing risks: freight fraud and theft. By formalizing federal coordination across carriers, brokers, shippers, ports, railroads, law enforcement, and insurers, it could accelerate the shift toward stronger identity verification, cleaner registration data, and more reliable carrier vetting. 

The outcome of any proposed legislation is uncertain, but the direction of travel is becoming harder to ignore. More attention is being placed on the structural rules that govern U.S. transportation markets. 

For transportation leaders, the message is straightforward: market forecasting is becoming more complex. The next cycle will not only be defined by freight demand, rate trends, or truck counts. It will also be defined by the legislation, enforcement standards, and private-sector risk requirements that determine whether capacity can be trusted and used.  

Companies that invest early in data quality, carrier-vetting discipline, driver qualification controls, fraud prevention, and documentation will be better positioned as federal policy and commercial expectations continue to converge. 

Appendix 

H.R. 8870: The “BUILD America 250 Act”  

H.R. 8870 from the 119th Congress, the "BUILD America 250 ACT," is a bipartisan, five-year surface transportation reauthorization bill introduced by Rep. Sam Graves with cosponsors including Rick Larsen, David Rouzer, Daniel Webster, and Eleanor Holmes Norton. Its core purpose is to authorize federal highway, bridge, transit, rail, highway safety, motor carrier, research, and hazardous materials programs through FY2031, ahead of the current authorization’s expiration on September 30, 2026. [govinfo.gov], [govtrack.us] 

Major provisions include: 

• Surface transportation reauthorization through FY2031. The bill authorizes federal surface transportation programs covering highways, public transportation, rail, bridge construction and rehabilitation, highway safety, and related programs. [govinfo.gov], [govtrack.us] 

• Highway Trust Fund authorizations. It authorizes appropriations through FY2031 from the Highway Trust Fund for the federal-aid highway program, the Transportation Infrastructure Finance and Innovation Act program, highway safety programs, and bridge programs. [govinfo.gov] 

• Bridge investment and inspection reforms. The bill includes major bridge-related funding and policy changes, including bridge construction and rehabilitation programs, national bridge and tunnel inventory and inspection standards, and provisions allowing state rail safety inspectors to conduct railroad bridge inspections. [govinfo.gov], [transporta....house.gov] 

• Creation of the Surface Transportation Accelerator Grant program. It establishes a Surface Transportation Accelerator Grant, or STAG, discretionary grant program to fund surface transportation projects in rural, urban, local, and regional communities. [govinfo.gov] 

• New electric vehicle and plug-in hybrid vehicle fees. The bill requires the Federal Highway Administration to impose a new annual registration fee beginning at $130 for covered electric vehicles and $35 for covered plug-in hybrid vehicles, creating a new revenue stream for the Highway Trust Fund. [govinfo.gov], [transporta....house.gov] 

• Transit funding and flexibility. It authorizes transit programs through FY2031 and establishes a consolidated state block grant program that would allow the Department of Transportation to allocate lump-sum funding to participating states for public transportation services in rural and urbanized areas. [govinfo.gov] 

• Passenger rail and Amtrak funding. The bill authorizes funding through FY2031 for Amtrak and includes broader passenger rail investments and reforms. [govinfo.gov], [transporta....house.gov] 

• bridge inspections and establishes a reporting system for state, local, and tribal governments to raise safety concerns about railroad bridge conditions. [govinfo.gov] 

• Autonomous commercial vehicle framework. The bill includes provisions to encourage innovation and provides what the House Transportation and Infrastructure Committee describes as the first federal framework for autonomous commercial motor vehicles; it also exempts automated driving system technology and equipment from vehicle-width requirements. [govinfo.gov], [transporta....house.gov] 

• Freight, safety, and resilience programs. The table of contents includes provisions related to nationally significant multimodal freight and highway projects, the National Highway Freight and High Priority Corridor Program, the Highway Safety Improvement Program, Safe Streets and Roads for All, the PROTECT program, emergency relief, railway-highway grade crossings, ferry programs, wildlife crossings, and Jason’s Law truck-parking-related provisions. [congress.gov] 

H.R. 5337: The “Motor Carrier Safety Selection Standard Act of 2024”  

H.R. 5337 in the 119th Congress is the “Motor Carrier Safety Selection Standard Act of 2024.” It was introduced by Rep. Pete Stauber and referred to the House Committee on Transportation and Infrastructure and then the Subcommittee on Highways and Transit. [congress.gov] 

Major provisions include: 

• Creates a national standard of care for motor carrier selection. The bill would establish when brokers and other covered entities are considered “reasonable and prudent” in selecting a motor carrier to transport goods or household goods. [govtrack.us], [congress.gov] 

• Applies to negligent-selection claims. For claims alleging negligent selection of a motor carrier, a covered entity would satisfy the standard if it verifies the carrier’s status no later than the shipment date and no earlier than 45 days before shipment. [congress.gov], [govtrack.us] 

• Requires verification of carrier registration. The covered entity must verify that the carrier is registered with the Department of Transportation as a motor carrier or household goods motor carrier under federal law. [govtrack.us], [govtrack.us] 

• Requires verification of minimum insurance. The covered entity must confirm that the carrier has at least the minimum insurance coverage required by federal and state law. [govtrack.us], [govtrack.us] 

• Requires FMCSA safety confirmation. The covered entity must verify that the carrier has been confirmed by the Federal Motor Carrier Safety Administration as compliant with required federal safety standards to operate as a motor carrier, including through a public confirmation statement. [govtrack.us], [govtrack.us] 

• Creates public FMCSA confirmation language. The bill contemplates a public confirmation system stating either that a carrier is authorized to operate and meets FMCSA operating requirements, or that it is not confirmed to operate and fails one or more FMCSA requirements. [congress.gov], [govtrack.us] 

• Requires a new safety-fitness rulemaking. The Department of Transportation must issue final regulations revising the methodology for motor carrier safety-fitness determinations and creating a procedure to determine whether a carrier is unfit to operate a commercial motor vehicle in interstate commerce. [govtrack.us], [congress.gov] 

• Includes a sunset tied to the safety-fitness rule. The interim selection-standard provision ceases to be effective once the required safety-fitness regulation takes effect. [congress.gov], [govtrack.us] 

• Exempts individual shippers. The bill excludes from the verification requirements an individual shipper that owns the goods being transported and pays the transportation charges. [govtrack.us], [trackbill.com] 

Practical Takeaway 

H.R. 5337 is designed to give brokers, shippers, and other covered entities a clearer federal safe harbor against negligent-selection liability, while also pushing the Department of Transportation and FMCSA to modernize how motor carrier safety fitness is determined 

S. 3950: The "SAFER Transport Act" 

S. 3950 in the 119th Congress is the “SAFER Transport Act,” introduced by Sen. Todd Young on February 26, 2026 and referred to the Senate Committee on Commerce, Science, and Transportation. Its purpose is to strengthen federal tools against freight fraud, cargo theft, fraudulent carrier/broker registration, unauthorized dispatching, and related transportation abuses. [legislate.dev], [govbase.com] 

Major provisions include: 

• Creates a freight fraud and theft advisory structure. The bill would establish a Freight Fraud and Theft Advisory Committee made up of industry and law-enforcement stakeholders to advise the Secretary of Transportation and report on fraud/theft issues. [govbase.com] 

• Requires federal fraud-information sharing. It directs the Secretary of Transportation and the Attorney General to enter into a memorandum of understanding to improve sharing of transportation-fraud information. [govbase.com] 

• Builds automated fraud detection into carrier registration. The Federal Motor Carrier Safety Administration would be required to create automated tools to flag suspicious registration activity, such as rapid company-information changes, unusual registration patterns, or duplicate business identifiers. [legislate.dev], [govbase.com] 

• Completes a unified registration system. The bill requires completion of a unified carrier registration system within one year, aimed at improving oversight of motor carriers, brokers, and freight forwarders. [govbase.com] 

• Phases out MC numbers. Over five years, the bill would move motor carriers, brokers, and freight forwarders away from legacy MC numbers and toward a single USDOT number as the sole identifier. [legislate.dev], [govbase.com] 

• Expands authority to deny, suspend, or revoke registration. The Department of Transportation could deny, suspend, or revoke registrations for entities tied to fraudulent certifications or serious crimes connected to commercial transportation, including smuggling, cargo theft, human trafficking, or fraud. [legislate.dev], [govbase.com] 

• Creates criminal penalties for fraudulent authority. A person who knowingly submits fraudulent certifications to obtain trucking authority and then uses that authority to unlawfully transport property or passengers could face fines and up to five years in prison. [legislate.dev], [govbase.com] 

• Tightens CDL issuance for non-citizen drivers. States would have to verify that non-citizen commercial drivers are authorized to work in the United States before issuing a commercial driver’s license, and the license would expire when the driver’s work authorization expires. [legislate.dev], [govbase.com] 

• Adds cabotage-related restrictions. The bill would prohibit foreign-domiciled motor carriers and unauthorized alien drivers from transporting domestic cargo point-to-point within the United States. [govbase.com] 

• Regulates foreign dispatch services. Foreign dispatch services located outside the United States, Mexico, or Canada that coordinate freight movements for motor carriers would have to register as brokers, subjecting them to broker rules. [legislate.dev], [govbase.com] 

• Updates broker definitions. The bill would update the legal definition of a broker while excluding purely financial or accounting services. [govbase.com] 

• Addresses cargo-theft-related customs penalties. It directs U.S. Customs to reimburse victims of cargo theft for fines paid on improperly sealed containers. [govbase.com] 

Practical Takeaway 

S. 3950 is a freight-fraud and cargo-theft bill. For brokers, carriers, and shippers, the most important provisions are the move toward a single identifier, automated fraud detection, stronger registration-revocation authority, broker registration for foreign dispatch services, and tighter controls around commercial driver licensing and domestic cargo movements.