[House Report 118-935]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-935
======================================================================
HOUSEHOLD GOODS SHIPPING CONSUMER PROTECTION ACT
_______
December 19, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 8505]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 8505) to amend title 49, United
States Code, to expand the authority of the Administrator of
the Federal Motor Carrier Safety Administration to assess
penalties for violations of laws and regulations relating to
the shipping of household goods, and for other purposes, having
considered the same, reports favorably thereon with amendments
and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 04
Background and Need for Legislation.............................. 04
Hearings......................................................... 05
Legislative History and Consideration............................ 05
Committee Votes.................................................. 05
Committee Oversight Findings and Recommendations................. 06
New Budget Authority and Tax Expenditures........................ 06
Congressional Budget Office Cost Estimate........................ 06
Performance Goals and Objectives................................. 13
Duplication of Federal Programs.................................. 13
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 13
Federal Mandates Statement....................................... 13
Preemption Clarification......................................... 13
Advisory Committee Statement..................................... 13
Applicability to Legislative Branch.............................. 13
Section-by-Section Analysis of the Legislation................... 14
Changes in Existing Law Made by the Bill, as Reported............ 15
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Household Goods Shipping Consumer
Protection Act''.
SEC. 2. ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES FOR VIOLATIONS OF
COMMERCIAL REGULATIONS.
(a) Enforcement by Secretary.--Section 14914 of title 49, United
States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Enforcement by Secretary.--If, after notice and an opportunity
for a hearing, the Secretary finds that a person violated a provision
of part B of subtitle IV of this title, or a regulation or order issued
pursuant to such part, the Secretary shall assess a civil penalty by
written notice.'';
(3) in subsection (c), as redesignated by paragraph (1), by
inserting ``or the Secretary'' after ``Board''; and
(4) in subsection (d), as redesignated by paragraph (1), by
inserting ``or the Secretary'' after ``Board''.
(b) Application.--Section 501(b) of title 49, United States Code, is
amended--
(1) by inserting ``5,'' after ``20303 and chapters''; and
(2) by inserting ``311, 313,'' after ``chapters),''.
SEC. 3. STATE USE OF GRANT FUNDS FOR COMMERCIAL ENFORCEMENT AND
CONSUMER PROTECTION.
Section 31102 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in paragraph (1)(B), by striking ``and'' at the
end;
(B) in paragraph (2)(B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) for the enforcement of Federal household goods statutes
and regulations for the interstate transportation of household
goods by household goods motor carriers and brokers, and for
the intrastate transportation of household goods by household
goods motor carriers if the State has adopted laws or
regulations that are compatible with Federal household goods
regulations.'';
(2) in subsection (l)(2)--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) by redesignating subparagraph (J) as subparagraph
(K); and
(C) by inserting after subparagraph (I) the
following:
``(J) enforce Federal household goods statutes and
regulations for the interstate transportation of
household goods by household goods motor carriers and
brokers, and for the intrastate transportation of
household goods by household goods motor carriers if
the State has adopted laws or regulations that are
compatible with Federal household goods regulations;
and''; and
(3) by adding at the end the following:
``(m) State Discretion.--The activities described in subsections
(h)(3) and (l)(2)(J) are--
``(1) optional at the discretion of a State; and
``(2) not a condition on funds received under this
section.''.
SEC. 4. STATE RETENTION OF PENALTIES AND FINES.
Section 14711 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Penalties.--Notwithstanding any other provision of law, any
fine or penalty imposed on a carrier or broker in a proceeding under
this section shall be paid to, and retained by, the State that imposed
such fine or penalty.''.
SEC. 5. REGISTRATION REQUIREMENTS.
(a) Definitions.--Section 13102 of title 49, United States Code, is
amended by adding at the end the following:
``(28) Principal place of business.--The term `principal
place of business' means a single physical business location of
a specified entity where--
``(A) management officials of such specified entity
report to work;
``(B) such specified entity conducts a significant
portion of its business relating to the transportation
of persons or property; and
``(C) such specified entity maintains records
required by part B of subtitle IV or part B of subtitle
VI.
``(29) Specified entity.--The term `specified entity' means--
``(A) an employer, as such term is defined in section
31132;
``(B) a person;
``(C) a motor carrier, including a foreign motor
carrier or foreign motor private carrier;
``(D) a broker; or
``(E) a freight forwarder.''.
(b) Motor Carrier Generally.--Section 13902(a)(1) of title 49, United
States Code, is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) has designated a principal place of
business.''.
(c) Registration of Freight Forwarders.--Section 13903(a) of title
49, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) has designated a principal place of business; and
``(4) has disclosed any relationship involving common
ownership, common management, common control, or common
familial relationship between such person and any other motor
carrier, freight forwarder, broker, or any other applicant for
motor carrier, freight forwarder, or broker registration, if
the relationship occurred in the 3-year period preceding the
date of the filing of the application for registration.''.
(d) Registration of Brokers.--Section 13904(a) of title 49, United
States Code, is amended--
(1) in paragraph (1) by striking ``and'' after the semicolon;
(2) in paragraph (2) by striking the period and inserting a
semicolon; and
(3) by inserting at the end the following:
``(3) has designated a principal place of business; and
``(4) has disclosed any relationship involving common
ownership, common management, common control, or common
familial relationship between such person and any other motor
carrier, freight forwarder, or broker, or any other applicant
for motor carrier, freight forwarder, or broker registration,
if the relationship occurred in the 3-year period preceding the
date of the filing of the application for registration.''.
(e) Complaints and Actions on Secretary Initiatives.--Section
13905(d)(2) of title 49, United States Code, is amended--
(1) in subparagraph (C)(iii), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) withhold, suspend, amend, or revoke any part of
a registration of a motor carrier, foreign motor
carrier, foreign motor private carrier, broker, or
freight forwarder if the Secretary finds that the motor
carrier, foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder failed to
designate a valid principal place of business.''.
(f) Requirement for Registration and USDOT Number.--Section 31134 of
title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) the employer or person seeking registration has
designated a principal place of business, as defined in section
13102.''; and
(2) in subsection (c)(2), by striking ``subsection (b)(1)''
and inserting ``subsection (b)''.
Amend the title so as to read:
A bill amend title 49, United States Code, to clarify the
authority of the Administrator of the Federal Motor Carrier
Safety Administration relating to the shipping of household
goods, and for other purposes.
Purpose of Legislation
The purpose of H.R. 8505, as amended, is to amend title 49,
United States Code, to expand the authority of the
Administrator of the Federal Motor Carrier Safety
Administration to assess penalties for violations of laws and
regulations relating to the shipping of household goods, and
for other purposes.
Background and Need for Legislation
Combating fraud is imperative for the protection of
brokers, motor carriers, shippers, consumers, and the integrity
of the economic system. Fraudulent activities cost the trucking
industry over $800 million annually, much of which ends up
being borne by the consumer.\1\ However, in 2019, an
Administrative Law Judge ruled that the Federal Motor Carrier
Safety Administration (FMCSA) did not have the statutory
authority to administratively adjudicate and assess civil
penalties for violations of Subtitle IV, Part B of title 49,
United States Code, and that the FMCSA must seek an
adjudication of civil penalties for such violations in the
United States District Court, meaning that cases must be
referred to the Department of Justice (DOJ).\2\ In a July 2024
report to Congress, the FMCSA states that, ``[w]ithout
statutory authority to assess civil penalties administratively
for violations of FMCSA's commercial regulations, FMCSA's
ability to effectively enforce these regulations is
significantly limited.''\3\ It was further noted that ``the
need to refer cases to DOJ complicates and hampers the ability
of FMCSA to enforce the Agency's commercial regulations.''\4\
---------------------------------------------------------------------------
\1\Examining the Department of Transportation's Regulatory and
Administrative Agenda: H. Comm. on Transp. and Infrastructure, 118th
Cong. (July 24, 2024) (Testimony of Mr. William ``Lewie'' Pugh,
Executive Vice President, Owner-Operator Independent Drivers
Association (OOIDA)) available at https://transportation.house.gov/
uploadedfiles/07-24-2024_ht_hearing_-_william_lewie_pugh_-
_testimony.pdf.
\2\Darlene Riojas et al., Docket No. FMCSA-2012-0174 (Nov. 7,
2013).
\3\U.S. Federal Motor Carrier Safety Administration, Unlawful
Brokerage Activities Report to Congress, (July 2024), available at
https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2024-07/
Unlawful%20Brokerage%20Activities%20Report%20to%20Congress%20Final%20Jul
y %202024.pdf.
\4\Id.
---------------------------------------------------------------------------
In 2022, FMCSA noted that compromised motor carrier
identities and fraudulent lease agreements allow sham and poor
performing motor carriers to operate, defrauding both
commercial motor carriers and independent owner operators who
believed they have engaged in leases with a specific motor
carrier. This puts commercial motor vehicle operators at risk
of driving without proper insurance, authority, and
registration requirements, and may lead to invalidate safety
data collection practices.\5\ By restoring FMCSA's enforcement
tools for commercial regulations, H.R. 8505 can help improve
the overall safety of the transportation system. This
legislation clarifies the authority of the FMCSA Administrator
relating to the shipping of household goods and the enforcement
tools for ensuring compliance with Federal commercial
regulations.
---------------------------------------------------------------------------
\5\U.S. Federal Motor Carrier Safety Administration, Safety
Advisory: Fraud, U.S. Based Motor Carriers Identity Theft, Fraudulent
Lease Agreements, Stolen Carrier Identity through Issuance of Temporary
Registrations, and Fraudulent Certificates of Insurance, available at
https://www.cvsa.org/wp-content/uploads/FMCSA-Safety-Advisory-Fraud-
Identity-Theft-Alert.pdf.
---------------------------------------------------------------------------
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress, the following hearings were used to develop or
consider H.R. 8505:
On Tuesday, May 10, 2023, the Subcommittee on Highways and
Transit held a hearing entitled, ``Freight Forward: Overcoming
Supply Chain Challenges to Deliver for America.'' At the
hearing Members received testimony from Mr. William ``Lewie''
Pugh on behalf of the Owner-Operator Independent Drivers
Association (OOIDA); Ms. Anne Reinke on behalf of the
Transportation Intermediaries Association (TIA); Mr. David
Fialkov on behalf of the America's Travel Plazas and Truck
Stops (NATSO) and SIGMA: America's Leading Fuel Marketers
(SIGMA); and Mr. Cole Scandaglia on behalf of the International
Brotherhood of Teamsters. This hearing allowed Members to hear
stakeholders' perspectives on the issues and challenges
associated with the nation's supply chain and fraud.
Legislative History and Consideration
H.R. 8505, the Household Goods Shipping Consumer Protection
Act, was introduced in the United States House of
Representatives on May 22, 2024, by Ms. Norton of the District
of Columbia, with Mr. Ezell of Mississippi as an original
cosponsor, and referred to the Committee on Transportation and
Infrastructure. Within the Committee on Transportation and
Infrastructure, H.R. 8505 was referred to the Subcommittee on
Highways and Transit. The Subcommittee on Highways and Transit
was discharged from further consideration of H.R. 8505 on
September 18, 2024.
The Committee considered H.R. 8505 on September 18, 2024,
and ordered the measure to be reported to the House with a
favorable recommendation, with amendment, by a recorded vote of
62 yeas and 2 nays.
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R.
8505 offered by Ms. Norton of the District of Columbia
(225) was AGREED TO by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
The following recorded vote was requested:
Vote: 053.
On: Final Passage: H.R. 8505, as amended.
Yea 62; Nay 2.
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................ Yea Mr. Larsen of WA.................. Yea
Mr. Crawford.................................... Yea Ms. Norton ....................... Yea
Mr. Webster of FL............................... Yea Mrs. Napolitano................... Yea
Mr. Massie...................................... Nay Mr. Cohen......................... Yea
Mr. Perry....................................... Nay Mr. Garamendi..................... Yea
Mr. Babin....................................... Yea Mr. Johnson of GA................. Yea
Mr. Graves of LA................................ Yea Mr. Carson........................ Yea
Mr. Rouzer...................................... Yea Ms. Titus......................... Yea
Mr. Bost........................................ Yea Mr. Huffman....................... Yea
Mr. LaMalfa..................................... Yea Ms. Brownley...................... Yea
Mr. Westerman................................... Yea Ms. Wilson of FL.................. Yea
Mr. Mast........................................ Yea Mr. Payne......................... Yea
Mrs. Gonzalez-Colon............................. Yea Mr. DeSaulnier.................... Yea
Mr. Stauber..................................... Yea Mr. Carbajal...................... Yea
Mr. Burchett.................................... Yea Mr. Stanton....................... Yea
Mr. Johnson of SD............................... Yea Mr. Allred........................ Yea
Mr. Van Drew.................................... Yea Ms. Davids of KS.................. Yea
Mr. Nehls....................................... Yea Mr. Garcia of IL.................. Yea
Mr. Gooden of TX................................ Yea Mr. Pappas........................ Yea
Mr. Mann........................................ Yea Mr. Moulton....................... Yea
Mr. Owens....................................... Yea Mr. Auchincloss................... Yea
Mr. Yakym....................................... Yea Ms. Strickland.................... Yea
Mrs. Chavez-DeRemer............................. Yea Mr. Carter of LA.................. Yea
Mr. Edwards..................................... Yea Mr. Ryan.......................... Yea
Mr. Kean of NJ.................................. Yea Mrs. Peltola...................... Yea
Mr. D'Esposito.................................. ............ Mr. Menendez...................... Yea
Mr. Burlison.................................... Yea Ms. Hoyle of OR................... Yea
Mr. James....................................... Yea Mrs. Sykes........................ Yea
Mr. Van Orden................................... Yea Ms. Scholten...................... Yea
Mr. Williams of NY.............................. Yea Mrs. Foushee...................... Yea
Mr. Molinaro.................................... Yea Mr. Collins....................... Yea
Mr. Ezell....................................... Yea Mr. Duarte........................ Yea
Mr. Bean of FL.................................. Yea
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 8505 from the
Director of the Congressional Budget Office:
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the House
Committee on Transportation and Infrastructure during the 118th
Congress. The legislation listed in this table generally would
have small effects, if any, on direct spending or revenues, CBO
estimates. Where possible, the table also provides information
about the legislation's estimated effects on spending subject
to appropriation and on intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act.
ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Spending Pay-as-you-
Budget Direct Revenues, subject to go Budgetary
Bill number Title Status Last action function spending, 2025-2034 appropriation, procedures effects after Mandates Contact
2025-2034 2025-2029 apply? 2034
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 1586................... Forest Ordered 11/15/23 300 0 0 Not estimated.. No No Yes Lilia Ledezma
Protection and reported.
Wildland
Firefighter
Safety Act of
2023.
H.R. 1586 would authorize federal, state, local, and tribal firefighting agencies to use approved fire retardants to prevent and suppress wildfires without first
obtaining a National Pollutant Discharge Elimination System permit. The bill also would prohibit state courts from issuing injunctions against state or tribal
entities' dispersal of aerial fire retardants as part of wildfire suppression or control. CBO estimates that enacting H.R. 1586 would not affect direct spending
or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill would impose an intergovernmental mandate as defined in the
Unfunded Mandates Reform Act (UMRA) that would not exceed the annual threshold established in UMRA ($100 million in 2024, adjusted annually for inflation). The
bill contains no private-sector mandates as defined in UMRA.
H.R. 1720................... Ocean Pollution Ordered 09/18/24 300 0 0 Not estimated.. No No No Aurora Swanson
Reduction Act reported.
II.
H.R. 1720 would allow the Point Loma Wastewater Treatment Plant in San Diego, California, to discharge water without applying for an exemption from the secondary
treatment standards of the National Pollutant Discharge Elimination System if plant meets certain conditions specified in the bill. CBO estimates that enacting
H.R. 1720 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no
intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 2892................... WARN Act....... Ordered 09/18/24 800 0 0 Between zero No No No Matthew
reported. and $500,000. Pickford
H.R. 2892 would require the Government Accountability Office within 18 months of enactment to study and report on the effectiveness of the nation's weather
emergency alert systems. CBO estimates that enacting H.R. 2892 would not affect direct spending or revenues. CBO estimates that implementing the bill would
increase spending subject to appropriation by less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act.
H.R. 3149................... A bill to Ordered 09/18/24 400 0 0 Between zero No No No Kelly Durand
designate reported. and $500,000.
United States
Route 20 in
the States of
Oregon, Idaho,
Montana,
Wyoming,
Nebraska,
Iowa,
Illinois,
Indiana, Ohio,
Pennsylvania,
New York, and
Massachusetts
as the
``National
Medal of Honor
Highway,'' and
for other
purposes.
H.R. 3149 would designate U.S. Route 20 as the National Medal of Honor Highway. CBO estimates that enacting H.R. 3149 would not affect direct spending or
revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by less than $500,000 over the 2025-2029 period. The bill
contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 3988................... ARTICLE ONE Act Ordered 09/18/24 800 Between - 0 Not estimated.. Yes No No Kelly Durand
reported. $500,000 and
zero
H.R. 3988 would amend the National Emergencies Act to limit to 30 days the duration of any national emergency declared by the President unless the Congress
subsequently approves or extends the declaration. The bill also would require the President to report to the Congress periodically on the need for and status of
declared emergencies. CBO cannot predict the number or timing of future declarations but expects that most would be approved by the Congress. Under H.R. 3988
emergency declarations could have a shorter duration than under current law. If that happens direct spending related to such emergencies would decline; CBO
estimates any reduction in direct spending would be insignificant. CBO estimates that enacting the bill would not affect revenues. CBO has not estimated the
bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform
Act.
H.R. 4043................... H.R. 4043, a Ordered 09/18/24 300 0 0 Not estimated.. No No No Aurora Swanson
bill to amend reported.
the Save Our
Seas 2.0 Act
to expand
eligibility
for certain
wastewater
infrastructure
grants, and
for other
purposes.
H.R. 4043 would expand eligibility for certain wastewater infrastructure grants administered by the Environmental Protection Agency. CBO estimates that enacting
H.R. 4043 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no
intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 6241................... FULL Act....... Ordered 11/15/23 800 Between zero 0 Not estimated.. No No No Matthew
reported. and $500,000 Pickford
H.R. 6241 would require federal agencies that have lease agreements with the General Services Administration (GSA) to annually report to GSA on their monthly use
and occupancy rates. Under the bill, agencies would be required to return space to GSA if occupancy falls below 60 percent for six months over any one-year
period. Enacting H.R. 6241 could increase direct spending by some agencies that are allowed to use fees, receipts from the sale of goods, and other collections
to cover operating costs. CBO estimates that any net changes in direct spending by those agencies would be negligible because most of them can adjust amounts
collected to reflect changes in operating costs. CBO estimates that enacting H.R. 6241 would have no effect on revenues. CBO has not estimated the bill's effects
on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 6984................... A bill to Ordered 09/18/24 800 0 0 Between zero No No No Matthew
designate the reported. and $500,000. Pickford
Federal
building
located at 300
E. 3rd Street
in North
Platte,
Nebraska, as
the ``Virginia
Smith Federal
Building,''
and for other
purposes.
H.R. 6984 would designate the federal building located at 300 E. 3rd Street in North Platte, Nebraska, as the Virginia Smith Federal Building. CBO estimates that
enacting H.R. 6984 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by
less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 7671................... Disaster Ordered 09/25/24 450 0 0 Not estimated.. No No No Jon Sperl
Management reported.
Costs
Modernization
Act.
H.R. 7671 would allow state and local governments that receive disaster assistance from the Federal Emergency Management Agency to repurpose unused funds that
originally were allocated for management costs. State and local governments could use the funds to increase their administrative capacity to prepare for, recover
from, or mitigate the effects of disasters. Under current law, unused funds are returned to the Disaster Relief Fund. Under the bill, those governments could
retain unused funds for up to five years for disasters that are declared on or after the bill's enactment date. CBO estimates that enacting H.R. 7671 would not
affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 7779................... Good Samaritan Ordered 09/18/24 300 Between zero 0 Not estimated.. Yes Insignificant No Aurora Swanson
Remediation of reported. and $500,000
Abandoned
Hardrock Mines
Act of 2024.
H.R. 7779 would establish a Good Samaritan pilot program and authorize the Environmental Protection Agency to issue permits for projects to remediate mine residue
at abandoned hardrock mine sites. The bill would establish a remediation fund for federal agencies to administer projects carried out by Good Samaritans
(entities that are not current owners or operators of an abandoned site; had no role in the creation of the mine residue; and are not potentially liable under
any law for the remediation, treatment, or control of the mine residue). The spending would be funded by appropriations and by deposits from nonfederal sources,
such as donations, agreements for long-term operations and maintenance costs, and insurance proceeds if a Good Samaritan fails to complete a project. The bill
also would waive the applicability of all other laws with respect to the use of the fund, including the Antideficiency Act, which could allow amounts to be
obligated before expected deposits into the fund are received. However, CBO expects that spending of any such advance obligations would be constrained by amounts
ultimately deposited into the fund. On that basis, CBO estimates that enacting H.R. 7779 would increase net direct spending by less than $500,000 over the 2025-
2034 period and have no effect on revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8505................... Household Goods Ordered 09/18/24 400 0 Between Not estimated.. Yes No No Zunara Naeem
Shipping reported. zero and
Consumer $500,000
Protection Act.
H.R. 8505 would allow the Federal Motor Carrier Safety Administration to assess penalties for entities that illegally ship household goods. The bill also would
allow states to enforce and collect fines on such entities. As a result, CBO estimates that enacting H.R. 8505 could increase revenues because those penalties
are recorded in the budget as revenues. Because the number of entities affected is likely to be small, CBO estimates that the increase in revenues would be less
than $500,000 over the 2025-2034 period. CBO estimates that enacting the bill would have no effect on direct spending. CBO has not estimated the bill's effects
on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8530................... Improving Ordered 09/18/24 800 Between zero 0 Not estimated.. Yes No No Matthew
Federal reported. and $500,000 Pickford
Building
Security Act
of 2024.
H.R. 8530 would require federal agencies to respond within 90 days to recommendations by the Federal Protective Service, within the Department of Homeland
Security (DHS), concerning building security. Agencies could adopt or reject those recommendations but would need to explain their rejections. The bill would
require DHS to track recommendations and responses and to report annually to the Congress concerning all recommendations. Enacting H.R. 8530 could increase
direct spending by some agencies that are allowed to use fees, receipts from the sale of goods, and other collections to cover operating costs. CBO estimates
that any net changes in direct spending by those agencies would be negligible because most of them can adjust amounts collected to reflect changes in operating
costs. CBO estimates that enacting H.R. 8530 would have no effect on revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The
bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8692................... The Amtrak Ordered 09/18/24 400 0 0 0.............. No No Yes Zunara Naeem
Transparency reported.
and
Accountability
for Passengers
and Taxpayer
Act.
H.R. 8692 would require Amtrak to hold open meetings in accordance with current requirements for most federal agencies. Because Amtrak is considered a nonfederal
entity, CBO estimates that enacting H.R. 8692 would have no effect on the federal budget. The bill would impose a private-sector mandate as defined in the
Unfunded Mandates Reform Act (UMRA) that would not exceed the annual threshold established in UMRA ($200 million in 2024, adjusted annually for inflation). The
bill contains no intergovernmental mandates as defined in UMRA.
H.R. 8995................... Baby Changing Ordered 09/18/24 400 0 0 0.............. No No Yes Kelly Durand
on Board Act. reported.
H.R. 8995 would require Amtrak trains purchased after the bill's enactment to include baby-changing tables in all train restrooms that are subject to the
requirements of the Americans With Disabilities Act of 1990. Because Amtrak is considered a nonfederal entity, CBO estimates that enacting H.R. 8995 would have
no effect on the federal budget. The bill would impose a private-sector mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the
threshold established in UMRA ($200 million in 2024, adjusted annually for inflation). The bill contains no intergovernmental mandates as defined in UMRA.
H.R. 9024................... Extreme Weather Ordered 09/18/24 450 0 0 Not estimated.. No No No Jon Sperl
and Heat reported.
Response
Modernization
Act.
H.R. 9024 would require the Federal Emergency Management Agency (FEMA) to issue guidance for disaster relief programs concerning extreme-temperature events and to
consider innovative preparedness and mitigation projects for such disasters in its grantmaking. The bill also would require FEMA to convene an advisory panel to
review the definition of incident periods for extreme-temperature events and to issue regulations revising those periods. Finally, the bill would require FEMA to
study the effects of extreme-temperature disasters, develop guidance and best practices for responding to such events, and report to the Congress. CBO estimates
that enacting H.R. 9024 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill
contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9313................... Think Ordered 09/18/24 800 0 0 Between zero No No No Matthew
Differently reported. and $500,000. Pickford
About Building
Accessibility
Act.
H.R. 9313 would direct the Government Accountability Office to report to the Congress concerning accessibility for people with disabilities in all office
buildings controlled by the General Services Administration. CBO estimates that enacting H.R. 9313 would not affect direct spending or revenues. CBO estimates
that implementing the bill would increase spending subject to appropriation by less than $500,000 over the 2025- 2029 period. The bill contains no
intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9541................... POWER Act of Ordered 09/18/24 450 0 0 Not estimated.. No No No Jon Sperl
2024. reported.
H.R. 9541 would authorize electric utilities that receive disaster assistance from the Federal Emergency Management Agency for emergency power restoration to
implement mitigation activities as part of power restoration. Those actions would not disqualify utilities from receiving mitigation assistance under the Public
Assistance Program. CBO estimates that enacting H.R. 9541 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending
subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9591................... A bill to Ordered 09/18/24 800 Between - 0 Not estimated.. No No No Emma Uebelhor
require the reported. $500,000 and
Administrator zero
of General
Services to
sell certain
property
related to
United States
Penitentiary,
Leavenworth,
and for other
purposes.
H.R. 9591 would require the General Services Administration (GSA) to sell any property in the State of Missouri associated with the Federal Correctional
Institution, Leavenworth, which is located in Kansas. Net proceeds from the sale would be deposited into the Federal Buildings Fund and recorded in the budget as
offsetting receipts (that is, as reductions in direct spending). Using information from GSA, CBO estimates that the property could be sold for about $500,000;
therefore, CBO estimates that enacting H.R. 9591 would decrease direct spending by an insignificant amount. CBO estimates that enacting the bill would not affect
revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act.
H.R. 9750................... Natural Ordered 09/25/24 450 0 0 Not estimated.. No No No Jon Sperl
Disaster reported.
Recovery
Program Act of
2024.
H.R. 9750 would create a Natural Disaster Recovery Fund, to be administered by the Federal Emergency Management Agency, from which the agency would make grants to
state and tribal governments to cover unmet needs following major disasters. Those governments would determine how funds are spent. The bill also would expand
the availability of disaster assistance for housing repairs and require several reports related to disaster recovery programs. CBO estimates that enacting H.R.
9750 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no
intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
require the Secretary of Transportation to implement a program
to improve transportation management and the efficiency of
Federal-aid highways by utilizing anonymized third-party data
to relieve congestion.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 8505, as amended, establishes or reauthorizes a program
of the Federal government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance. H.R. 8505, as amended, allows for the
Secretary of Transportation to take such actions as necessary
to maximize the effective implementation of the Act, including
by consolidating requirements under the Act within other
activities of the Department of Transportation.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 8505 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Household Goods Shipping Consumer Protection Act''.
Section 2. Administrative assessment of civil penalties for violations
of commercial regulations
This section provides explicit authority for the Federal
Motor Carrier Safety Administration (FMCSA) to adjudicate and
assess civil penalties for violations of commercial statutes
and regulations and would correct certain other references in
49 U.S.C. chapter 5 to clarify that those penalty authorities
include all of FMCSA's safety authorities.
In 2019, a Department of Transportation Administrative Law
Judge ruled that FMCSA lacks authority to assess civil
penalties for violations of commercial regulations and
registration requirements. Under current law, as interpreted by
the Administrative Law Judge's decision and final agency order,
FMCSA may not assess civil penalties for violations of
commercial regulations administratively, even though the
process is codified in regulation. This ruling has adversely
impacted enforcement of many requirements, including household
goods consumer protections and unauthorized brokerage because
civil penalty assessment requires the Department of Justice to
initiate an action in Federal court.
Section 3. State use of grant funds for commercial enforcement and
consumer protection
This section permits states to use Motor Carrier Safety
Assistance Program (MCSAP) funding and other grantees to use
High Priority (HP) program funding to conduct commercial
regulatory and consumer protection standard reviews and
enforcement actions on household goods motor carriers, brokers,
and freight forwarders. Currently FMCSA is not authorized to
reimburse grantees for these activities that protect the
American people from predatory practices and other violations
of commercial regulations. This section includes a savings
clause to ensure this is an optional use of funds at the
discretion of the state and may not be made a condition of
funding by FMCSA. This section ensures that Federal funding
only reimburses enforcement activities that comply with Federal
regulations.
Section 4. State retention of penalties and fines
The section clarifies that states may retain the penalties
and fines imposed in proceedings brought under 49 U.S.C.
Sec. 14711 relating to violations of household goods statutes
and regulations. FMCSA already enters into agreements with
states allowing them to retain such funds. This provision
provides explicit authority for the practice and prevents
future Administrative Law Judge rulings limiting FMCSA's
authority.
Section 5. Registration requirements
This section provides explicit authority to FMCSA to
withhold registration from any applicant who fails to provide a
valid principal place of business at the time of registration.
Fraudulent carriers, brokers, and freight forwarders register
with addresses where no legitimate operations take place, often
designating their official address as UPS stores, vacant
parking lots, or business addresses unrelated to the registered
entity. Currently FMCSA may only take enforcement action after
the entity is already registered and refuses to cooperate with
investigations at the designated address.
FMCSA already requires motor carriers to designate a
principal place of business. This section both codifies that
requirement and extends the requirement to brokers and freight
forwarders as well. This language clarifies that FMCSA has the
upfront authority to verify principal place of business and, if
needed, deny the registration. This enhances FMCSA's ability to
take enforcement actions against bad actors by allowing them to
prevent sham registrants from starting operations.
This section also extends requirements that registrants
disclose common ownership between any other registered
entities. Motor carriers are already required to disclose this
information and this section codifies the requirement for
brokers and freight forwarders. Again, this section enables
FMCSA to verify this information prior to completing the
registration. If FMCSA detects a link between scammers then
they would be able to block its operating authority or take
other enforcement actions as needed to reduce sham
registrations.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 5--SPECIAL AUTHORITY
* * * * * * *
SUBCHAPTER I--POWERS
Sec. 501. Definitions and application
(a) In this chapter--
(1) the definitions in sections 10102 and 13102 of
this title apply.
(2) ``migrant worker'' has the same meaning given
that term in section 31501 of this title.
(3) ``motor carrier of migrant workers'' means a
motor carrier of migrant workers subject to the
jurisdiction of the Secretary of Transportation under
section 31502(c) of this title.
(b) Application.--This chapter only applies in carrying out
sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1)
and 20303 and chapters 5, 205 (except section 20504(b)), 211,
213 (in carrying out those sections and chapters), 311, 313,
and 315 of this title.
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 131--GENERAL PROVISIONS
* * * * * * *
Sec. 13102. Definitions
In this part, the following definitions shall apply:
(1) Board.--The term ``Board'' means the Surface
Transportation Board.
(2) Broker.--The term ``broker'' means a person,
other than a motor carrier or an employee or agent of a
motor carrier, that as a principal or agent sells,
offers for sale, negotiates for, or holds itself out by
solicitation, advertisement, or otherwise as selling,
providing, or arranging for, transportation by motor
carrier for compensation.
(3) Carrier.--The term ``carrier'' means a motor
carrier, a water carrier, and a freight forwarder.
(4) Contract carriage.--The term ``contract
carriage'' means--
(A) for transportation provided before
January 1, 1996, service provided pursuant to a
permit issued under section 10923, as in effect
on December 31, 1995; and
(B) for transportation provided after
December 31, 1995, service provided under an
agreement entered into under section 14101(b).
(5) Control.--The term ``control'', when referring to
a relationship between persons, includes actual
control, legal control, and the power to exercise
control, through or by--
(A) common directors, officers, stockholders,
a voting trust, or a holding or investment
company, or
(B) any other means.
(6) Foreign motor carrier.--The term ``foreign motor
carrier'' means a person (including a motor carrier of
property but excluding a motor private carrier)--
(A)(i) that is domiciled in a contiguous
foreign country; or
(ii) that is owned or controlled by persons
of a contiguous foreign country; and
(B) in the case of a person that is not a
motor carrier of property, that provides
interstate transportation of property by motor
vehicle under an agreement or contract entered
into with a motor carrier of property (other
than a motor private carrier or a motor carrier
of property described in subparagraph (A)).
(7) Foreign motor private carrier.--The term
``foreign motor private carrier'' means a person
(including a motor private carrier but excluding a
motor carrier of property)--
(A)(i) that is domiciled in a contiguous
foreign country; or
(ii) that is owned or controlled by persons
of a contiguous foreign country; and
(B) in the case of a person that is not a
motor private carrier, that provides interstate
transportation of property by motor vehicle
under an agreement or contract entered into
with a person (other than a motor carrier of
property or a motor private carrier described
in subparagraph (A)).
(8) Freight forwarder.--The term ``freight
forwarder'' means a person holding itself out to the
general public (other than as a pipeline, rail, motor,
or water carrier) to provide transportation of property
for compensation and in the ordinary course of its
business--
(A) assembles and consolidates, or provides
for assembling and consolidating, shipments and
performs or provides for break-bulk and
distribution operations of the shipments;
(B) assumes responsibility for the
transportation from the place of receipt to the
place of destination; and
(C) uses for any part of the transportation a
carrier subject to jurisdiction under this
subtitle.
The term does not include a person using transportation
of an air carrier subject to part A of subtitle VII.
(9) Highway.--The term ``highway'' means a road,
highway, street, and way in a State.
(10) Household goods.--The term ``household goods'',
as used in connection with transportation, means
personal effects and property used or to be used in a
dwelling, when a part of the equipment or supply of
such dwelling, and similar property if the
transportation of such effects or property is--
(A) arranged and paid for by the householder,
except such term does not include property
moving from a factory or store, other than
property that the householder has purchased
with the intent to use in his or her dwelling
and is transported at the request of, and the
transportation charges are paid to the carrier
by, the householder; or
(B) arranged and paid for by another party.
(11) Household goods freight forwarder.--The term
``household goods freight forwarder'' means a freight
forwarder of one or more of the following items:
household goods, unaccompanied baggage, or used
automobiles.
(12) Household goods motor carrier.--
(A) In general.--The term ``household goods
motor carrier'' means a motor carrier that, in
the ordinary course of its business of
providing transportation of household goods,
offers some or all of the following additional
services:
(i) Binding and nonbinding estimates.
(ii) Inventorying.
(iii) Protective packing and
unpacking of individual items at
personal residences.
(iv) Loading and unloading at
personal residences.
(B) Inclusion.--The term includes any person
that is considered to be a household goods
motor carrier under regulations,
determinations, and decisions of the Federal
Motor Carrier Safety Administration that are in
effect on the date of enactment of the
Household Goods Mover Oversight Enforcement and
Reform Act of 2005.
(C) Limited service exclusion.--The term does
not include a motor carrier when the motor
carrier provides transportation of household
goods in containers or trailers that are
entirely loaded and unloaded by an individual
(other than an employee or agent of the motor
carrier).
(13) Individual shipper.--The term ``individual
shipper'' means any person who--
(A) is the shipper, consignor, or consignee
of a household goods shipment;
(B) is identified as the shipper, consignor,
or consignee on the face of the bill of lading;
(C) owns the goods being transported; and
(D) pays his or her own tariff transportation
charges.
(14) Motor carrier.--The term ``motor carrier'' means
a person providing motor vehicle transportation for
compensation.
(15) Motor private carrier.--The term ``motor private
carrier'' means a person, other than a motor carrier,
transporting property by motor vehicle when--
(A) the transportation is as provided in
section 13501 of this title;
(B) the person is the owner, lessee, or
bailee of the property being transported; and
(C) the property is being transported for
sale, lease, rent, or bailment or to further a
commercial enterprise.
(16) Motor vehicle.--The term ``motor vehicle'' means
a vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical power and used on a
highway in transportation, or a combination determined
by the Secretary, but does not include a vehicle,
locomotive, or car operated only on a rail, or a
trolley bus operated by electric power from a fixed
overhead wire, and providing local passenger
transportation similar to street-railway service.
(17) Noncontiguous domestic trade.--The term
``noncontiguous domestic trade'' means transportation
subject to jurisdiction under chapter 135 involving
traffic originating in or destined to Alaska, Hawaii,
or a territory or possession of the United States.
(18) Person.--The term ``person'', in addition to its
meaning under section 1 of title 1, includes a trustee,
receiver, assignee, or personal representative of a
person.
(19) Pre-arranged ground transportation service.--The
term ``pre-arranged ground transportation service''
means transportation for a passenger (or a group of
passengers) that is arranged in advance (or is operated
on a regular route or between specified points) and is
provided in a motor vehicle with a seating capacity not
exceeding 15 passengers (including the driver).
(20) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(21) State.--The term ``State'' means the 50 States
of the United States and the District of Columbia.
(22) Taxicab service.--The term ``taxicab service''
means passenger transportation in a motor vehicle
having a capacity of not more than 8 passengers
(including the driver), not operated on a regular route
or between specified places, and that--
(A) is licensed as a taxicab by a State or a
local jurisdiction; or
(B) is offered by a person that--
(i) provides local transportation for
a fare determined (except with respect
to transportation to or from airports)
primarily on the basis of the distance
traveled; and
(ii) does not primarily provide
transportation to or from airports.
(23) Transportation.--The term ``transportation''
includes--
(A) a motor vehicle, vessel, warehouse,
wharf, pier, dock, yard, property, facility,
instrumentality, or equipment of any kind
related to the movement of passengers or
property, or both, regardless of ownership or
an agreement concerning use; and
(B) services related to that movement,
including arranging for, receipt, delivery,
elevation, transfer in transit, refrigeration,
icing, ventilation, storage, handling, packing,
unpacking, and interchange of passengers and
property.
(24) United states.--The term ``United States'' means
the States of the United States and the District of
Columbia.
(25) Vessel.--The term ``vessel'' means a watercraft
or other artificial contrivance that is used, is
capable of being used, or is intended to be used, as a
means of transportation by water.
(26) Water carrier.--The term ``water carrier'' means
a person providing water transportation for
compensation.
(27) Over-the-road bus.--The term ``over-the-road
bus'' means a bus characterized by an elevated
passenger deck located over a baggage compartment.
(28) Principal place of business.--The term
``principal place of business'' means a single physical
business location of a specified entity where--
(A) management officials of such specified
entity report to work;
(B) such specified entity conducts a
significant portion of its business relating to
the transportation of persons or property; and
(C) such specified entity maintains records
required by part B of subtitle IV or part B of
subtitle VI.
(29) Specified entity.--The term ``specified entity''
means--
(A) an employer, as such term is defined in
section 31132;
(B) a person;
(C) a motor carrier, including a foreign
motor carrier or foreign motor private carrier;
(D) a broker; or
(E) a freight forwarder.
* * * * * * *
CHAPTER 139--REGISTRATION
* * * * * * *
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
(1) In general.--Except as otherwise provided in this
section, the Secretary of Transportation shall register
a person to provide transportation subject to
jurisdiction under subchapter I of chapter 135 as a
motor carrier using self-propelled vehicles the motor
carrier owns, rents, or leases only if the Secretary
determines that the person--
(A) is willing and able to comply with--
(i) this part and the applicable
regulations of the Secretary and the
Board;
(ii) any safety regulations imposed
by the Secretary;
(iii) the duties of employers and
employees established by the Secretary
under section 31135;
(iv) the safety fitness requirements
established by the Secretary under
section 31144;
(v) the accessibility requirements
established by the Secretary under
subpart H of part 37 of title 49, Code
of Federal Regulations (or successor
regulations), for transportation
provided by an over-the-road bus; and
(vi) the minimum financial
responsibility requirements established
by the Secretary under sections 13906,
31138, and 31139;
(B) has been issued a USDOT number under
section 31134;
(C) has disclosed any relationship involving
common ownership, common management, common
control, or common familial relationship
between that person and any other motor
carrier, freight forwarder, or broker, or any
other applicant for motor carrier, freight
forwarder, or broker registration, if the
relationship occurred in the 3-year period
preceding the date of the filing of the
application for registration; [and]
(D) after the Secretary establishes a written
proficiency examination pursuant to section
32101(b) of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, has passed the written
proficiency examination[.]; and
(E) has designated a principal place of
business.
(2) Additional registration requirements for
household goods motor carriers.--In addition to meeting
the requirements of paragraph (1), the Secretary may
register a person to provide transportation of
household goods as a household goods motor carrier only
after that person--
(A) provides evidence of participation in an
arbitration program and provides a copy of the
notice of the arbitration program as required
by section 14708(b)(2);
(B) identifies its tariff and provides a copy
of the notice of the availability of that
tariff for inspection as required by section
13702(c); and
(C) demonstrates, before being registered,
through successful completion of a proficiency
examination established by the Secretary,
knowledge and intent to comply with applicable
Federal laws relating to consumer protection,
estimating, consumers' rights and
responsibilities, and options for limitations
of liability for loss and damage.
(3) Consideration of evidence; findings.--The
Secretary shall consider, and to the extent applicable,
make findings on any evidence demonstrating that the
registrant is unable to comply with any applicable
requirement of paragraph (1) or, in the case of a
registrant to which paragraph (2) applies, paragraph
(1) or (2).
(4) Withholding.--If the Secretary determines that a
registrant under this section does not meet, or is not
able to meet, any requirement of paragraph (1) or, in
the case of a registrant to which paragraph (2)
applies, paragraph (1) or (2), the Secretary shall
withhold registration.
(5) Limitation on complaints.--The Secretary may hear
a complaint from any person concerning a registration
under this subsection only on the ground that the
registrant fails or will fail to comply with this part,
the applicable regulations of the Secretary and the
Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), the
safety regulations of the Secretary, or the safety
fitness or minimum financial responsibility
requirements of paragraph (1) of this subsection. In
the case of a registration for the transportation of
household goods as a household goods motor carrier, the
Secretary may also hear a complaint on the ground that
the registrant fails or will fail to comply with the
requirements of paragraph (2) of this subsection.
(6) Separate registration required.--A motor carrier
may not broker transportation services unless the motor
carrier has registered as a broker under this chapter.
(b) Motor Carriers of Passengers.--
(1) Registration of private recipients of
governmental assistance.--The Secretary shall register
under subsection (a)(1) a private recipient of
governmental assistance to provide special or charter
transportation subject to jurisdiction under subchapter
I of chapter 135 as a motor carrier of passengers if
the Secretary finds that the recipient meets the
requirements of subsection (a)(1), unless the Secretary
finds, on the basis of evidence presented by any person
objecting to the registration, that the transportation
to be provided pursuant to the registration is not in
the public interest.
(2) Registration of public recipients of governmental
assistance.--
(A) Charter transportation.--The Secretary
shall register under subsection (a)(1) a public
recipient of governmental assistance to provide
special or charter transportation subject to
jurisdiction under subchapter I of chapter 135
as a motor carrier of passengers if the
Secretary finds that--
(i) the recipient meets the
requirements of subsection (a)(1); and
(ii)(I) no motor carrier of
passengers (other than a motor carrier
of passengers which is a public
recipient of governmental assistance)
is providing, or is willing to provide,
the transportation; or
(II) the transportation is to be
provided entirely in the area in which
the public recipient provides regularly
scheduled mass transportation services.
(B) Regular-route transportation.--The
Secretary shall register under subsection
(a)(1) a public recipient of governmental
assistance to provide regular-route
transportation subject to jurisdiction under
subchapter I of chapter 135 as a motor carrier
of passengers if the Secretary finds that the
recipient meets the requirements of subsection
(a)(1), unless the Secretary finds, on the
basis of evidence presented by any person
objecting to the registration, that the
transportation to be provided pursuant to the
registration is not in the public interest.
(C) Treatment of certain public recipients.--
Any public recipient of governmental assistance
which is providing or seeking to provide
transportation of passengers subject to
jurisdiction under subchapter I of chapter 135
shall, for purposes of this part, be treated as
a person which is providing or seeking to
provide transportation of passengers subject to
such jurisdiction.
(3) Intrastate transportation by interstate
carriers.--A motor carrier of passengers that is
registered by the Secretary under subsection (a) is
authorized to provide regular-route transportation
entirely in one State as a motor carrier of passengers
if such intrastate transportation is to be provided on
a route over which the carrier provides interstate
transportation of passengers.
(4) Preemption of state regulation regarding certain
service.--No State or political subdivision thereof and
no interstate agency or other political agency of 2 or
more States shall enact or enforce any law, rule,
regulation, standard or other provision having the
force and effect of law relating to the provision of
pickup and delivery of express packages, newspapers, or
mail in a commercial zone if the shipment has had or
will have a prior or subsequent movement by bus in
intrastate commerce and, if a city within the
commercial zone, is served by a motor carrier of
passengers providing regular-route transportation of
passengers subject to jurisdiction under subchapter I
of chapter 135.
(5) Jurisdiction over certain intrastate
transportation.--Subject to section 14501(a), any
intrastate transportation authorized by this subsection
shall be treated as transportation subject to
jurisdiction under subchapter I of chapter 135 until
such time as the carrier takes such action as is
necessary to establish under the laws of such State
rates, rules, and practices applicable to such
transportation, but in no case later than the 30th day
following the date on which the motor carrier of
passengers first begins providing transportation
entirely in one State under this paragraph.
(6) Special operations.--This subsection shall not
apply to any regular-route transportation of passengers
provided entirely in one State which is in the nature
of a special operation.
(7) Suspension or revocation.--Intrastate
transportation authorized under this subsection may be
suspended or revoked by the Secretary under section
13905 of this title at any time.
(8) Definitions.--In this subsection, the following
definitions apply:
(A) Public recipient of governmental
assistance.--The term ``public recipient of
governmental assistance'' means--
(i) any State,
(ii) any municipality or other
political subdivision of a State,
(iii) any public agency or
instrumentality of one or more States
and municipalities and political
subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other
person owned or controlled by any
entity described in clause (i), (ii),
(iii), or (iv),
which before, on, or after January 1, 1996,
received governmental assistance for the
purchase or operation of any bus.
(B) Private recipient of government
assistance.--The term ``private recipient of
government assistance'' means any person (other
than a person described in subparagraph (A))
who before, on, or after January 1, 1996,
received governmental financial assistance in
the form of a subsidy for the purchase, lease,
or operation of any bus.
(c) Restrictions on Motor Carriers Domiciled in or Owned or
Controlled by Nationals of a Contiguous Foreign Country.--
(1) Prevention of discriminatory practices.--If the
President, or the delegate thereof, determines that an
act, policy, or practice of a foreign country
contiguous to the United States, or any political
subdivision or any instrumentality of any such country
is unreasonable or discriminatory and burdens or
restricts United States transportation companies
providing, or seeking to provide, motor carrier
transportation to, from, or within such foreign
country, the President or such delegate may--
(A) seek elimination of such practices
through consultations; or
(B) notwithstanding any other provision of
law, suspend, modify, amend, condition, or
restrict operations, including geographical
restriction of operations, in the United States
by motor carriers of property or passengers
domiciled in such foreign country or owned or
controlled by persons of such foreign country.
(2) Equalization of treatment.--Any action taken
under paragraph (1)(A) to eliminate an act, policy, or
practice shall be so devised so as to equal to the
extent possible the burdens or restrictions imposed by
such foreign country on United States transportation
companies.
(3) Removal or modification.--The President, or the
delegate thereof, may remove or modify in whole or in
part any action taken under paragraph (1)(A) if the
President or such delegate determines that such removal
or modification is consistent with the obligations of
the United States under a trade agreement or with
United States transportation policy.
(4) Protection of existing operations.--Unless and
until the President, or the delegate thereof, makes a
determination under paragraph (1) or (3), nothing in
this subsection shall affect--
(A) operations of motor carriers of property
or passengers domiciled in any contiguous
foreign country or owned or controlled by
persons of any contiguous foreign country
permitted in the commercial zones along the
United States-Mexico border as such zones were
defined on December 31, 1995; or
(B) any existing restrictions on operations
of motor carriers of property or passengers
domiciled in any contiguous foreign country or
owned or controlled by persons of any
contiguous foreign country or any modifications
thereof pursuant to section 6 of the Bus
Regulatory Reform Act of 1982.
(5) Publication; comment.--Unless the President, or
the delegate thereof, determines that expeditious
action is required, the President shall publish in the
Federal Register any determination under paragraph (1)
or (3), together with a description of the facts on
which such a determination is based and any proposed
action to be taken pursuant to paragraph (1)(B) or (3),
and provide an opportunity for public comment.
(6) Delegation to secretary.--The President may
delegate any or all authority under this subsection to
the Secretary, who shall consult with other agencies as
appropriate. In accordance with the directions of the
President, the Secretary may issue regulations to
enforce this subsection.
(7) Civil actions.--Either the Secretary or the
Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce this subsection or a regulation prescribed or
order issued under this subsection. The court may award
appropriate relief, including injunctive relief.
(8) Limitation on statutory construction.--This
subsection shall not be construed as affecting the
requirement for all foreign motor carriers and foreign
motor private carriers operating in the United States
to comply with all applicable laws and regulations
pertaining to fitness, safety of operations, financial
responsibility, and taxes imposed by section 4481 of
the Internal Revenue Code of 1986.
(d) Transition Rule.--
(1) In general.--Pending the implementation of the
rulemaking required by section 13908, the Secretary may
register a person under this section--
(A) as a motor common carrier if such person
would have been issued a certificate to provide
transportation as a motor common carrier under
this subtitle on December 31, 1995; and
(B) as a motor contract carrier if such
person would have been issued a permit to
provide transportation as a motor contract
carrier under this subtitle on such day.
(2) Definitions.--In this subsection, the terms
``motor common carrier'' and ``motor contract carrier''
have the meaning such terms had under section 10102 as
such section was in effect on December 31, 1995.
(3) Termination.--This subsection shall cease to be
in effect on the transition termination date.
(e) Penalties for Failure To Comply With Registration
Requirements.--In addition to other penalties available under
law, motor carriers that fail to register their operations as
required by this section or that operate beyond the scope of
their registrations may be subject to the following penalties:
(1) Out-of-service orders.--If, upon inspection or
investigation, the Secretary determines that a motor
carrier providing transportation requiring registration
under this section is operating without a registration
or beyond the scope of its registration, the Secretary
may order the motor carrier operations out-of-service.
Subsequent to the issuance of the out-of-service order,
the Secretary shall provide an opportunity for review
in accordance with section 554 of title 5, United
States Code; except that such review shall occur not
later than 10 days after issuance of such order.
(2) Permission for operations.--A person domiciled in
a country contiguous to the United States with respect
to which an action under subsection (c)(1)(A) or
(c)(1)(B) is in effect and providing transportation for
which registration is required under this section shall
maintain evidence of such registration in the motor
vehicle when the person is providing the
transportation. The Secretary shall not permit the
operation in interstate commerce in the United States
of any motor vehicle in which there is not a copy of
the registration issued pursuant to this section.
(f) Modification of Carrier Registration.--
(1) In general.--On and after the transition
termination date, the Secretary--
(A) may not register a motor carrier under
this section as a motor common carrier or a
motor contract carrier;
(B) shall register applicants under this
section as motor carriers; and
(C) shall issue any motor carrier registered
under this section after that date a motor
carrier certificate of registration that
specifies whether the holder of the certificate
may provide transportation of persons,
household goods, other property, or any
combination thereof.
(2) Pre-existing certificates and permits.--The
Secretary shall redesignate any motor carrier
certificate or permit issued before the transition
termination date as a motor carrier certificate of
registration. On and after the transition termination
date, any person holding a motor carrier certificate of
registration redesignated under this paragraph may
provide both contract carriage (as defined in section
13102(4)(B)) and transportation under terms and
conditions meeting the requirements of section
13710(a)(1). The Secretary may not, pursuant to any
regulation or form issued before or after the
transition termination date, make any distinction among
holders of motor carrier certificates of registration
on the basis of whether the holder would have been
classified as a common carrier or as a contract carrier
under--
(A) subsection (d) of this section, as that
section was in effect before the transition
termination date; or
(B) any other provision of this title that
was in effect before the transition termination
date.
(3) Transition termination date defined.--In this
section, the term ``transition termination date'' means
the first day of January occurring more than 12 months
after the date of enactment of the Unified Carrier
Registration Act of 2005.
(g) Motor Carrier Defined.--In this section and sections
13905 and 13906, the term ``motor carrier'' includes foreign
motor private carriers.
(h) Update of Registration.--
(1) In general.--The Secretary shall require a
registrant to update its registration under this
section not later than 30 days after a change in the
registrant's address, other contact information,
officers, process agent, or other essential
information, as determined by the Secretary.
(2) Motor carriers of passengers.--In addition to the
requirements of paragraph (1), the Secretary shall
require a motor carrier of passengers to update its
registration information, including numbers of
vehicles, annual mileage, and individuals responsible
for compliance with Federal safety regulations
quarterly for the first 2 years after being issued a
registration under this section.
(i) Registration as Freight Forwarder or Broker Required.--A
motor carrier registered under this chapter--
(1) may only provide transportation of property
with--
(A) self-propelled motor vehicles owned or
leased by the motor carrier; or
(B) interchanges under regulations issued by
the Secretary if the originating carrier--
(i) physically transports the cargo
at some point; and
(ii) retains liability for the cargo
and for payment of interchanged
carriers; and
(2) may not arrange transportation except as
described in paragraph (1) unless the motor carrier has
obtained a separate registration as a freight forwarder
or broker for transportation under section 13903 or
13904, as applicable.
(j) Mexico-Domiciled Motor Carriers.--Notwithstanding any
other provision of this section, upon an order in accordance
with section 324(a) of the United States-Mexico-Canada
Agreement Implementation Act, the Secretary shall carry out the
relief specified by denying or imposing limitations on a
request for registration or capping the number of requests for
registration by Mexico-domiciled motor carriers of cargo to
operate beyond the municipalities along the United States-
Mexico international border and the commercial zones of those
municipalities as directed.
Sec. 13903. Registration of freight forwarders
(a) In General.--The Secretary shall register a person to
provide service subject to jurisdiction under subchapter III of
chapter 135 as a freight forwarder if the Secretary determines
that the person--
(1) has sufficient experience to qualify the person
to act as a freight forwarder; [and]
(2) is fit, willing, and able to provide the service
and to comply with this part and applicable regulations
of the Secretary[.];
(3) has designated a principal place of business; and
(4) has disclosed any relationship involving common
ownership, common management, common control, or common
familial relationship between such person and any other
motor carrier, freight forwarder, broker, or any other
applicant for motor carrier, freight forwarder, or
broker registration, if the relationship occurred in
the 3-year period preceding the date of the filing of
the application for registration.
(b) Duration.--A registration issued under subsection (a)
shall only remain in effect while the freight forwarder is in
compliance with section 13906(c).
(c) Experience or Training Requirement.--Each freight
forwarder shall employ, as an officer, an individual who--
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence
of the individual's knowledge of related rules,
regulations, and industry practices.
(d) Registration as Motor Carrier Required.--A freight
forwarder may not provide transportation as a motor carrier
unless the freight forwarder has registered separately under
this chapter to provide transportation as a motor carrier.
(e) Update of Registration.--The Secretary shall require a
freight forwarder to update its registration under this section
not later than 30 days after a change in the freight
forwarder's address, other contact information, officers,
process agent, or other essential information, as determined by
the Secretary.
Sec. 13904. Registration of brokers
(a) In General.--The Secretary shall register, subject to
section 13906(b), a person to be a broker for transportation of
property subject to jurisdiction under subchapter I of chapter
135, if the Secretary determines that the person--
(1) has sufficient experience to qualify the person
to act as a broker for transportation; [and]
(2) is fit, willing, and able to be a broker for
transportation and to comply with this part and
applicable regulations of the Secretary[.];
(3) has designated a principal place of business; and
(4) has disclosed any relationship involving common
ownership, common management, common control, or common
familial relationship between such person and any other
motor carrier, freight forwarder, or broker, or any
other applicant for motor carrier, freight forwarder,
or broker registration, if the relationship occurred in
the 3-year period preceding the date of the filing of
the application for registration.
(b) Duration.--A registration issued under subsection (a)
shall only remain in effect while the broker for transportation
is in compliance with section 13906(b).
(c) Experience or Training Requirements.--Each broker shall
employ, as an officer, an individual who--
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence
of the individual's knowledge of related rules,
regulations, and industry practices.
(d) Registration as Motor Carrier Required.--
(1) In general.--A broker for transportation may not
provide transportation as a motor carrier unless the
broker has registered separately under this chapter to
provide transportation as a motor carrier.
(2) Limitation.--This subsection does not apply to a
motor carrier registered under this chapter or to an
employee or agent of the motor carrier to the extent
the transportation is to be provided entirely by the
motor carrier, with other registered motor carriers, or
with rail or water carriers.
(e) Regulation to Protect Motor Carriers and Shippers.--
Regulations of the Secretary applicable to brokers registered
under this section shall provide for the protection of motor
carriers and shippers by motor vehicle.
(f) Bond and Insurance.--The Secretary may impose on brokers
for motor carriers of passengers such requirements for bonds or
insurance or both as the Secretary determines are needed to
protect passengers and carriers dealing with such brokers.
(g) Update of Registration.--The Secretary shall require a
broker to update its registration under this section not later
than 30 days after a change in the broker's address, other
contact information, officers, process agent, or other
essential information, as determined by the Secretary.
Sec. 13905. Effective periods of registration
(a) Person Holding ICC Authority.--Any person having
authority to provide transportation or service as a motor
carrier, freight forwarder, or broker under this title, as in
effect on December 31, 1995, shall be deemed, for purposes of
this part, to be registered to provide such transportation or
service under this part.
(b) Person Registered With Secretary.--
(1) In general.--Except as provided in paragraph (2),
any person having registered with the Secretary to
provide transportation or service as a motor carrier or
motor private carrier under this title, as in effect on
January 1, 2005, but not having registered pursuant to
section 13902(a), shall be treated, for purposes of
this part, to be registered to provide such
transportation or service for purposes of sections
13908 and 14504a.
(2) Exclusively intrastate operators.--Paragraph (1)
does not apply to a motor carrier or motor private
carrier (including a transporter of waste or recyclable
materials) engaged exclusively in intrastate
transportation operations.
(c) Effective Period.--
(1) In general.--Except as otherwise provided in this
part, each registration issued under section 13902,
13903, or 13904--
(A) shall be effective beginning on the date
specified by the Secretary; and
(B) shall remain in effect for such period as
the Secretary determines appropriate by
regulation.
(2) Reissuance of registration.--
(A) Requirement.--Not later than 4 years
after the date of enactment of the Commercial
Motor Vehicle Safety Enhancement Act of 2012,
the Secretary shall require a freight forwarder
or broker to renew its registration issued
under this chapter.
(B) Effective period.--Each registration
renewal under subparagraph (A)--
(i) shall expire not later than 5
years after the date of such renewal;
and
(ii) may be further renewed as
provided under this chapter.
(d) Suspension, Amendments, and Revocations.--
(1) Applications.--On application of the registrant,
the Secretary may amend or revoke a registration.
(2) Complaints and actions on secretary's own
initiative.--On complaint or on the Secretary's own
initiative and after notice and an opportunity for a
proceeding, the Secretary may--
(A) suspend, amend, or revoke any part of the
registration of a motor carrier, foreign motor
carrier, foreign motor private carrier, broker,
or freight forwarder for willful failure to
comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board,
including the accessibility
requirements established by the
Secretary under subpart H of part 37 of
title 49, Code of Federal Regulations
(or successor regulations), for
transportation provided by an over-the-
road bus; or
(iii) a condition of its
registration;
(B) withhold, suspend, amend, or revoke any
part of the registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder for
failure--
(i) to pay a civil penalty imposed
under chapter 5, 51, 149, or 311;
(ii) to arrange and abide by an
acceptable payment plan for such civil
penalty, not later than 90 days after
the date specified by order of the
Secretary for the payment of such
penalty; or
(iii) for failure to obey a subpoena
issued by the Secretary;
(C) withhold, suspend, amend, or revoke any
part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder following
a determination by the Secretary that the motor
carrier, broker, or freight forwarder failed to
disclose, in its application for registration,
a material fact relevant to its willingness and
ability to comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board; or
(iii) a condition of its
registration; [or]
(D) withhold, suspend, amend, or revoke any
part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder if the
Secretary finds that the motor carrier, broker,
or freight forwarder does not disclose any
relationship through common ownership, common
management, common control, or common familial
relationship to any other motor carrier,
broker, or freight forwarder, or any other
applicant for motor carrier, broker, or freight
forwarder registration that the Secretary
determines is or was unwilling or unable to
comply with the relevant requirements listed in
section 13902, 13903, or 13904[.]; or
(E) withhold, suspend, amend, or revoke any
part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder if the
Secretary finds that the motor carrier, foreign
motor carrier, foreign motor private carrier,
broker, or freight forwarder failed to
designate a valid principal place of business.
(3) Limitation.--Paragraph (2)(B) shall not apply to
a person who is unable to pay a civil penalty because
the person is a debtor in a case under chapter 11 of
title 11.
(4) Regulations.--Not later than 12 months after the
date of the enactment of this paragraph, the Secretary,
after notice and opportunity for public comment, shall
issue regulations to provide for the suspension,
amendment, or revocation of a registration under this
part for failure to pay a civil penalty as provided in
paragraph (2)(B).
(e) Procedure.--Except on application of the registrant, or
if the Secretary determines that the registrant failed to
disclose a material fact in an application for registration in
accordance with subsection (d)(2)(C), the Secretary may revoke
a registration of a motor carrier, freight forwarder, or
broker, only after--
(1) the Secretary has issued an order to the
registrant under section 14701 requiring compliance
with this part, a regulation of the Secretary, or a
condition of the registration; and
(2) the registrant willfully does not comply with the
order for a period of 30 days.
(f) Expedited Procedure.--
(1) Protection of safety.--Notwithstanding subchapter
II of chapter 5 of title 5, the Secretary--
(A) may suspend the registration of a motor
carrier, a freight forwarder, or a broker for
failure to comply with requirements of the
Secretary pursuant to section 13904(e) or 13906
or an order or regulation of the Secretary
prescribed under those sections; and
(B) shall revoke the registration of a motor
carrier that has been prohibited from operating
in interstate commerce for failure to comply
with the safety fitness requirements of section
31144.
(2) Imminent hazard to public health.--
Notwithstanding subchapter II of chapter 5 of title 5,
the Secretary shall revoke the registration of a motor
carrier if the Secretary finds that the carrier is or
was conducting unsafe operations that are or were an
imminent hazard to public health or property.
(3) Notice; period of suspension.--The Secretary may
suspend or revoke under this subsection the
registration only after giving notice of the suspension
or revocation to the registrant. A suspension remains
in effect until the registrant complies with the
applicable sections or, in the case of a suspension
under paragraph (2), until the Secretary revokes the
suspension.
(g) Mexico-Domiciled Motor Carriers.--Notwithstanding any
other provision of this section, upon an order in accordance
with section 324(a) of the United States-Mexico-Canada
Agreement Implementation Act, the Secretary shall carry out the
relief specified by revoking or imposing limitations on
existing registrations of Mexico-domiciled motor carriers of
cargo to operate beyond the municipalities along the United
States-Mexico international border and the commercial zones of
those municipalities as directed.
* * * * * * *
CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
* * * * * * *
Sec. 14711. Enforcement by State attorneys general
(a) In General.--A State, as parens patriae, may bring a
civil action on behalf of its residents in an appropriate
district court of the United States to enforce the consumer
protection provisions of this title that apply to individual
shippers, as determined by the Secretary, and are related to
the delivery and transportation of household goods by a
household goods motor carrier subject to jurisdiction under
subchapter I of chapter 135 or regulations or orders of the
Secretary or the Board issued under such provisions or to
impose the civil penalties authorized by this part or such
regulations or orders, whenever the attorney general of the
State has reason to believe that the interests of the residents
of the State have been or are being threatened or adversely
affected by a carrier or broker providing transportation
subject to jurisdiction under subchapter I or III of chapter
135 or a foreign motor carrier providing transportation that is
registered under section 13902 and is engaged in household
goods transportation that violates this part or a regulation or
order of the Secretary or Board, as applicable, issued under
this part.
(b) Notice and Consent.--
(1) In general.--The State shall serve written notice
to the Secretary or the Board, as the case may be, of
any civil action under subsection (a) prior to
initiating such civil action. The notice shall include
a copy of the complaint to be filed to initiate such
civil action.
(2) Conditions.--The Secretary or the Board--
(A) shall review the initiation of a civil
action under this section by a State if--
(i) the carrier or broker that is the
subject of the action is not registered
with the Department of Transportation;
(ii) the license of the carrier or
broker for failure to file proof of
required bodily injury or cargo
liability insurance is pending, or the
license has been revoked for any other
reason by the Department;
(iii) the carrier is not rated or has
received a conditional or
unsatisfactory safety rating by the
Department; or
(iv) the carrier or broker has been
licensed with the Department for less
than 5 years; and
(B) may review if the carrier or broker fails
to meet criteria developed by the Secretary
that are consistent with this section.
(3) Congressional notification.--The Secretary shall
notify the Committee on Commerce, Science, and
Transportation, of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of any criteria developed by the
Secretary under paragraph (2)(B).
(4) 60-day deadline.--The Secretary or the Board
shall be considered to have consented to any civil
action of a State under this section if the Secretary
or the Board has taken no action with respect to the
notice within 60 calendar days after the date on which
the Secretary or the Board received notice under
paragraph (1).
(c) Authority to Intervene.--Upon receiving the notice
required by subsection (b), the Secretary or board may
intervene in a civil action of a State under this section and
upon intervening--
(1) be heard on all matters arising in such civil
action; and
(2) file petitions for appeal of a decision in such
civil actions.
(d) Construction.--For purposes of bringing any civil action
under subsection (a), nothing in this section shall--
(1) convey a right to initiate or maintain a class
action lawsuit in the enforcement of a Federal law or
regulation; or
(2) prevent the attorney general of a State from
exercising the powers conferred on the attorney general
by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the
attendance of witnesses or the production of
documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought
under subsection (a)--
(1) the venue shall be a Federal judicial district in
which--
(A) the carrier, foreign motor carrier, or
broker operates;
(B) the carrier, foreign motor carrier, or
broker was authorized to provide transportation
at the time the complaint arose; or
(C) where the defendant in the civil action
is found;
(2) process may be served without regard to the
territorial limits of the district or of the State in
which the civil action is instituted; and
(3) a person who participated with a carrier or
broker in an alleged violation that is being litigated
in the civil action may be joined in the civil action
without regard to the residence of the person.
(f) Enforcement of State Law.--Nothing contained in this
section shall prohibit an authorized State official from
proceeding in State court to enforce a criminal statute of such
State.
(g) Penalties.--Notwithstanding any other provision of law,
any fine or penalty imposed on a carrier or broker in a
proceeding under this section shall be paid to, and retained
by, the State that imposed such fine or penalty.
* * * * * * *
CHAPTER 149--CIVIL AND CRIMINAL PENALTIES
* * * * * * *
Sec. 14914. Civil penalty procedures
(a) In General.--After notice and an opportunity for a
hearing, a person found by the Surface Transportation Board to
have violated a provision of law that the Board carries out or
a regulation prescribed under that law by the Board that is
related to transportation which occurs under subchapter II of
chapter 135 for which a civil penalty is provided, is liable to
the United States for the civil penalty provided. The amount of
the civil penalty shall be assessed by the Board by written
notice. In determining the amount of the penalty, the Board
shall consider the nature, circumstances, extent, and gravity
of the prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and other matters that justice
requires.
(b) Enforcement by Secretary.--If, after notice and an
opportunity for a hearing, the Secretary finds that a person
violated a provision of part B of subtitle IV of this title, or
a regulation or order issued pursuant to such part, the
Secretary shall assess a civil penalty by written notice.
[(b)] (c) Compromise.--The Board or the Secretary may
compromise, modify, or remit, with or without consideration, a
civil penalty until the assessment is referred to the Attorney
General.
[(c)] (d) Collection.--If a person fails to pay an assessment
of a civil penalty after it has become final, the Board or the
Secretary may refer the matter to the Attorney General for
collection in an appropriate district court of the United
States.
[(d)] (e) Refunds.--The Board may refund or remit a civil
penalty collected under this section if--
(1) application has been made for refund or remission
of the penalty within 1 year from the date of payment;
and
(2) the Board finds that the penalty was unlawfully,
improperly, or excessively imposed.
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
* * * * * * *
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
* * * * * * *
Sec. 31102. Motor carrier safety assistance program
(a) In General.--The Secretary of Transportation shall
administer a motor carrier safety assistance program funded
under section 31104.
(b) Goal.--The goal of the program is to ensure that the
Secretary, States, local governments, other political
jurisdictions, federally recognized Indian tribes, and other
persons work in partnership to establish programs to improve
motor carrier, commercial motor vehicle, and driver safety to
support a safe and efficient surface transportation system by--
(1) making targeted investments to promote safe
commercial motor vehicle transportation, including the
transportation of passengers and hazardous materials;
(2) investing in activities likely to generate
maximum reductions in the number and severity of
commercial motor vehicle crashes and in fatalities
resulting from such crashes;
(3) adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations
and practices consistent with Federal requirements; and
(4) assessing and improving statewide performance by
setting program goals and meeting performance
standards, measures, and benchmarks.
(c) State Plans.--
(1) In general.--In carrying out the program, the
Secretary shall prescribe procedures for a State to
submit a multiple-year plan, and annual updates
thereto, under which the State agrees to assume
responsibility for improving motor carrier safety by
adopting and enforcing State regulations, standards,
and orders that are compatible with the regulations,
standards, and orders of the Federal Government on
commercial motor vehicle safety and hazardous materials
transportation safety.
(2) Contents.--The Secretary shall approve a State
plan if the Secretary determines that the plan is
adequate to comply with the requirements of this
section, and the plan--
(A) implements performance-based activities,
including deployment and maintenance of
technology to enhance the efficiency and
effectiveness of commercial motor vehicle
safety programs;
(B) designates a lead State commercial motor
vehicle safety agency responsible for
administering the plan throughout the State;
(C) contains satisfactory assurances that the
lead State commercial motor vehicle safety
agency has or will have the legal authority,
resources, and qualified personnel necessary to
enforce the regulations, standards, and orders;
(D) contains satisfactory assurances that the
State will devote adequate resources to the
administration of the plan and enforcement of
the regulations, standards, and orders;
(E) provides a right of entry (or other
method a State may use that the Secretary
determines is adequate to obtain necessary
information) and inspection to carry out the
plan;
(F) provides that all reports required under
this section be available to the Secretary on
request;
(G) provides that the lead State commercial
motor vehicle safety agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations
that the Secretary prescribes;
(H) requires all registrants of commercial
motor vehicles to demonstrate knowledge of
applicable safety regulations, standards, and
orders of the Federal Government and the State;
(I) provides that the State will grant
maximum reciprocity for inspections conducted
under the North American Inspection Standards
through the use of a nationally accepted system
that allows ready identification of previously
inspected commercial motor vehicles;
(J) ensures that activities described in
subsection (h), if financed through grants to
the State made under this section, will not
diminish the effectiveness of the development
and implementation of the programs to improve
motor carrier, commercial motor vehicle, and
driver safety as described in subsection (b);
(K) ensures that the lead State commercial
motor vehicle safety agency will coordinate the
plan, data collection, and information systems
with the State highway safety improvement
program required under section 148(c) of title
23;
(L) ensures participation in appropriate
Federal Motor Carrier Safety Administration
information technology and data systems and
other information systems by all appropriate
jurisdictions receiving motor carrier safety
assistance program funding;
(M) ensures that information is exchanged
among the States in a timely manner;
(N) provides satisfactory assurances that the
State will undertake efforts that will
emphasize and improve enforcement of State and
local traffic safety laws and regulations
related to commercial motor vehicle safety;
(O) provides satisfactory assurances that the
State will address national priorities and
performance goals, including--
(i) activities aimed at removing
impaired commercial motor vehicle
drivers from the highways of the United
States through adequate enforcement of
regulations on the use of alcohol and
controlled substances and by ensuring
ready roadside access to alcohol
detection and measuring equipment;
(ii) activities aimed at providing an
appropriate level of training to State
motor carrier safety assistance program
officers and employees on recognizing
drivers impaired by alcohol or
controlled substances; and
(iii) when conducted with an
appropriate commercial motor vehicle
inspection, criminal interdiction
activities, and appropriate strategies
for carrying out those interdiction
activities, including interdiction
activities that affect the
transportation of controlled substances
(as defined in section 102 of the
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) and
listed in part 1308 of title 21, Code
of Federal Regulations, as updated and
republished from time to time) by any
occupant of a commercial motor vehicle;
(P) provides that the State has established
and dedicated sufficient resources to a program
to ensure that--
(i) the State collects and reports to
the Secretary accurate, complete, and
timely motor carrier safety data; and
(ii) the State participates in a
national motor carrier safety data
correction system prescribed by the
Secretary;
(Q) ensures that the State will cooperate in
the enforcement of financial responsibility
requirements under sections 13906, 31138, and
31139 and regulations issued under those
sections;
(R) ensures consistent, effective, and
reasonable sanctions;
(S) ensures that roadside inspections will be
conducted at locations that are adequate to
protect the safety of drivers and enforcement
personnel;
(T) provides that the State will include in
the training manuals for the licensing
examination to drive noncommercial motor
vehicles and commercial motor vehicles
information on best practices for driving
safely in the vicinity of noncommercial and
commercial motor vehicles;
(U) provides that the State will enforce the
registration requirements of sections 13902 and
31134 by prohibiting the operation of any
vehicle discovered to be operated by a motor
carrier without a registration issued under
those sections or to be operated beyond the
scope of the motor carrier's registration;
(V) provides that the State will conduct
comprehensive and highly visible traffic
enforcement and commercial motor vehicle safety
inspection programs in high-risk locations and
corridors;
(W) except in the case of an imminent hazard
or obvious safety hazard, ensures that an
inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted
at a bus station, terminal, border crossing,
maintenance facility, destination, or other
location where a motor carrier may make a
planned stop (excluding a weigh station);
(X) ensures that the State will transmit to
its roadside inspectors notice of each Federal
exemption granted under section 31315(b) of
this title and sections 390.23 and 390.25 of
title 49, Code of Federal Regulations, and
provided to the State by the Secretary,
including the name of the person that received
the exemption and any terms and conditions that
apply to the exemption;
(Y) except as provided in subsection (d),
provides that the State--
(i) will conduct safety audits of
interstate and, at the State's
discretion, intrastate new entrant
motor carriers under section 31144(g);
and
(ii) if the State authorizes a third
party to conduct safety audits under
section 31144(g) on its behalf, the
State verifies the quality of the work
conducted and remains solely
responsible for the management and
oversight of the activities;
(Z) provides that the State agrees to fully
participate in the performance and registration
information systems management under section
31106(b) not later than October 1, 2020, by
complying with the conditions for participation
under paragraph (3) of that section, or
demonstrates to the Secretary an alternative
approach for identifying and immobilizing a
motor carrier with serious safety deficiencies
in a manner that provides an equivalent level
of safety;
(AA) in the case of a State that shares a
land border with another country, provides that
the State--
(i) will conduct a border commercial
motor vehicle safety program focusing
on international commerce that includes
enforcement and related projects; or
(ii) will forfeit all funds
calculated by the Secretary based on
border-related activities if the State
declines to conduct the program
described in clause (i) in its plan;
and
(BB) in the case of a State that meets the
other requirements of this section and agrees
to comply with the requirements established in
subsection (l)(3), provides that the State may
fund operation and maintenance costs associated
with innovative technology deployment under
subsection (l)(3) with motor carrier safety
assistance program funds authorized under
section 31104(a)(1).
(3) Publication.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall publish each approved State
multiple-year plan, and each annual update
thereto, on a publically accessible Internet
Web site of the Department of Transportation
not later than 30 days after the date the
Secretary approves the plan or update.
(B) Limitation.--Before publishing an
approved State multiple-year plan or annual
update under subparagraph (A), the Secretary
shall redact any information identified by the
State that, if disclosed--
(i) would reasonably be expected to
interfere with enforcement proceedings;
or
(ii) would reveal enforcement
techniques or procedures that would
reasonably be expected to risk
circumvention of the law.
(d) Exclusion of U.S. Territories.--The requirement that a
State conduct safety audits of new entrant motor carriers under
subsection (c)(2)(Y) does not apply to a territory of the
United States unless required by the Secretary.
(e) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws, including regulations, with Federal motor carrier
safety regulations to be enforced under subsections (b) and
(c). To the extent practicable, the guidelines and standards
shall allow for maximum flexibility while ensuring a degree of
uniformity that will not diminish motor vehicle safety.
(f) Maintenance of Effort.--
(1) Baseline.--Except as provided under paragraphs
(2) and (3) and in accordance with section 5107 of the
FAST Act, a State plan under subsection (c) shall
provide that the total expenditure of amounts of the
lead State commercial motor vehicle safety agency
responsible for administering the plan will be
maintained at a level each fiscal year that is at least
equal to--
(A) the average level of that expenditure for
fiscal years 2004 and 2005; or
(B) the level of that expenditure for the
year in which the Secretary implements a new
allocation formula under section 5106 of the
FAST Act.
(2) Adjusted baseline after fiscal year 2017.--At the
request of a State, the Secretary may evaluate
additional documentation related to the maintenance of
effort and may make reasonable adjustments to the
maintenance of effort baseline after the year in which
the Secretary implements a new allocation formula under
section 5106 of the FAST Act, and this adjusted
baseline will replace the maintenance of effort
requirement under paragraph (1).
(3) Waivers.--At the request of a State, the
Secretary may waive or modify the requirements of this
subsection for a total of 1 fiscal year if the
Secretary determines that the waiver or modification is
reasonable, based on circumstances described by the
State, to ensure the continuation of commercial motor
vehicle enforcement activities in the State.
(4) Level of state expenditures.--In estimating the
average level of a State's expenditures under paragraph
(1), the Secretary--
(A) may allow the State to exclude State
expenditures for federally sponsored
demonstration and pilot programs and strike
forces;
(B) may allow the State to exclude
expenditures for activities related to border
enforcement and new entrant safety audits; and
(C) shall require the State to exclude State
matching amounts used to receive Federal
financing under section 31104.
(g) Use of Unified Carrier Registration Fees Agreement.--
Amounts generated under section 14504a and received by a State
and used for motor carrier safety purposes may be included as
part of the State's match required under section 31104 or
maintenance of effort required by subsection (f).
(h) Use of Grants To Enforce Other Laws.--When approved as
part of a State's plan under subsection (c), the State may use
motor carrier safety assistance program funds received under
this section--
(1) if the activities are carried out in conjunction
with an appropriate inspection of a commercial motor
vehicle to enforce Federal or State commercial motor
vehicle safety regulations, for--
(A) enforcement of commercial motor vehicle
size and weight limitations at locations,
excluding fixed-weight facilities, such as near
steep grades or mountainous terrains, where the
weight of a commercial motor vehicle can
significantly affect the safe operation of the
vehicle, or at ports where intermodal shipping
containers enter and leave the United States;
and
(B) detection of and enforcement actions
taken as a result of criminal activity,
including the trafficking of human beings, in a
commercial motor vehicle or by any occupant,
including the operator, of the commercial motor
vehicle; [and]
(2) for documented enforcement of State traffic laws
and regulations designed to promote the safe operation
of commercial motor vehicles, including documented
enforcement of such laws and regulations relating to
noncommercial motor vehicles when necessary to promote
the safe operation of commercial motor vehicles, if--
(A) the number of motor carrier safety
activities, including roadside safety
inspections, conducted in the State is
maintained at a level at least equal to the
average level of such activities conducted in
the State in fiscal years 2014 and 2015; and
(B) the State does not use more than 10
percent of the basic amount the State receives
under a grant awarded under section 31104(a)(1)
for enforcement activities relating to
noncommercial motor vehicles necessary to
promote the safe operation of commercial motor
vehicles unless the Secretary determines that a
higher percentage will result in significant
increases in commercial motor vehicle
safety[.]; and
(3) for the enforcement of Federal household goods
statutes and regulations for the interstate
transportation of household goods by household goods
motor carriers and brokers, and for the intrastate
transportation of household goods by household goods
motor carriers if the State has adopted laws or
regulations that are compatible with Federal household
goods regulations.
(i) Evaluation of Plans and Award of Grants.--
(1) Awards.--The Secretary shall establish criteria
for the application, evaluation, and approval of State
plans under this section. Subject to subsection (j),
the Secretary may allocate the amounts made available
under section 31104(a)(1) among the States.
(2) Opportunity to cure.--If the Secretary
disapproves a plan under this section, the Secretary
shall give the State a written explanation of the
reasons for disapproval and allow the State to modify
and resubmit the plan for approval.
(j) Allocation of Funds.--
(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available
under section 31104(a)(1).
(2) Annual allocations.--On October 1 of each fiscal
year, or as soon as practicable thereafter, and after
making a deduction under section 31104(c), the
Secretary shall allocate amounts made available under
section 31104(a)(1) to carry out this section for the
fiscal year among the States with plans approved under
this section in accordance with the criteria prescribed
under paragraph (1).
(3) Elective adjustments.--Subject to the
availability of funding and notwithstanding
fluctuations in the data elements used by the Secretary
to calculate the annual allocation amounts, after the
creation of a new allocation formula under section 5106
of the FAST Act, the Secretary may not make elective
adjustments to the allocation formula that decrease a
State's Federal funding levels by more than 3 percent
in a fiscal year. The 3 percent limit shall not apply
to the withholding provisions of subsection (k).
(k) Plan Monitoring.--
(1) In general.--On the basis of reports submitted by
the lead State agency responsible for administering a
State plan approved under this section and an
investigation by the Secretary, the Secretary shall
periodically evaluate State implementation of and
compliance with the State plan.
(2) Withholding of funds.--
(A) Disapproval.--If, after notice and an
opportunity to be heard, the Secretary finds
that a State plan previously approved under
this section is not being followed or has
become inadequate to ensure enforcement of
State regulations, standards, or orders
described in subsection (c)(1), or the State is
otherwise not in compliance with the
requirements of this section, the Secretary may
withdraw approval of the State plan and notify
the State. Upon the receipt of such notice, the
State plan shall no longer be in effect and the
Secretary shall withhold all funding to the
State under this section.
(B) Noncompliance withholding.--In lieu of
withdrawing approval of a State plan under
subparagraph (A), the Secretary may, after
providing notice to the State and an
opportunity to be heard, withhold funding from
the State to which the State would otherwise be
entitled under this section for the period of
the State's noncompliance. In exercising this
option, the Secretary may withhold--
(i) up to 5 percent of funds during
the fiscal year that the Secretary
notifies the State of its
noncompliance;
(ii) up to 10 percent of funds for
the first full fiscal year of
noncompliance;
(iii) up to 25 percent of funds for
the second full fiscal year of
noncompliance; and
(iv) not more than 50 percent of
funds for the third and any subsequent
full fiscal year of noncompliance.
(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial
review under chapter 7 of title 5. Notwithstanding the
disapproval of a State plan under paragraph (2)(A) or
the withholding of funds under paragraph (2)(B), the
State may retain jurisdiction in an administrative or a
judicial proceeding that commenced before the notice of
disapproval or withholding if the issues involved are
not related directly to the reasons for the disapproval
or withholding.
(l) High Priority Program.--
(1) In general.--The Secretary shall administer a
high priority program funded under section 31104(a)(2)
for the purposes described in paragraphs (2) through
(5).
(2) Activities related to motor carrier safety.--The
Secretary may make discretionary grants to and enter
into cooperative agreements with States, local
governments, federally recognized Indian tribes, other
political jurisdictions as necessary, and any person to
carry out high priority activities and projects that
augment motor carrier safety activities and projects
planned in accordance with subsections (b) and (c),
including activities and projects that--
(A) increase public awareness and education
on commercial motor vehicle safety;
(B) target unsafe driving of commercial motor
vehicles and noncommercial motor vehicles in
areas identified as high risk crash corridors;
(C) improve the safe and secure movement of
hazardous materials;
(D) improve safe transportation of goods and
persons in foreign commerce;
(E) demonstrate new technologies to improve
commercial motor vehicle safety;
(F) support participation in performance and
registration information systems management
under section 31106(b)--
(i) for entities not responsible for
submitting the plan under subsection
(c); or
(ii) for entities responsible for
submitting the plan under subsection
(c)--
(I) before October 1, 2020,
to achieve compliance with the
requirements of participation;
and
(II) beginning on October 1,
2020, or once compliance is
achieved, whichever is sooner,
for special initiatives or
projects that exceed routine
operations required for
participation;
(G) conduct safety data improvement
projects--
(i) that complete or exceed the
requirements under subsection (c)(2)(P)
for entities not responsible for
submitting the plan under subsection
(c); or
(ii) that exceed the requirements
under subsection (c)(2)(P) for entities
responsible for submitting the plan
under subsection (c);
(H) support, through the use of funds
otherwise available for such purposes--
(i) the recognition, prevention, and
reporting of human trafficking,
including the trafficking of human
beings--
(I) in a commercial motor
vehicle; or
(II) by any occupant,
including the operator, of a
commercial motor vehicle;
(ii) the detection of criminal
activity or any other violation of law
relating to human trafficking; and
(iii) enforcement of laws relating to
human trafficking;
(I) otherwise support the recognition,
prevention, and reporting of human trafficking;
[and]
(J) enforce Federal household goods statutes
and regulations for the interstate
transportation of household goods by household
goods motor carriers and brokers, and for the
intrastate transportation of household goods by
household goods motor carriers if the State has
adopted laws or regulations that are compatible
with Federal household goods regulations; and
[(J)] (K) otherwise improve commercial motor
vehicle safety and compliance with commercial
motor vehicle safety regulations.
(3) Innovative technology deployment grant program.--
(A) In general.--The Secretary shall
establish an innovative technology deployment
grant program to make discretionary grants to
eligible States for the innovative technology
deployment of commercial motor vehicle
information systems and networks.
(B) Purposes.--The purposes of the program
shall be--
(i) to advance the technological
capability and promote the deployment
of intelligent transportation system
applications for commercial motor
vehicle operations, including
commercial motor vehicle, commercial
driver, and carrier-specific
information systems and networks; and
(ii) to support and maintain
commercial motor vehicle information
systems and networks--
(I) to link Federal motor
carrier safety information
systems with State commercial
motor vehicle systems;
(II) to improve the safety
and productivity of commercial
motor vehicles and drivers; and
(III) to reduce costs
associated with commercial
motor vehicle operations and
Federal and State commercial
motor vehicle regulatory
requirements.
(C) Eligibility.--To be eligible for a grant
under this paragraph, a State shall--
(i) have a commercial motor vehicle
information systems and networks
program plan approved by the Secretary
that describes the various systems and
networks at the State level that need
to be refined, revised, upgraded, or
built to accomplish deployment of
commercial motor vehicle information
systems and networks capabilities;
(ii) certify to the Secretary that
its commercial motor vehicle
information systems and networks
deployment activities, including
hardware procurement, software and
system development, and infrastructure
modifications--
(I) are consistent with the
national intelligent
transportation systems and
commercial motor vehicle
information systems and
networks architectures and
available standards; and
(II) promote interoperability
and efficiency to the extent
practicable; and
(iii) agree to execute
interoperability tests developed by the
Federal Motor Carrier Safety
Administration to verify that its
systems conform with the national
intelligent transportation systems
architecture, applicable standards, and
protocols for commercial motor vehicle
information systems and networks.
(D) Use of funds.--Grant funds received under
this paragraph may be used--
(i) for deployment activities and
activities to develop new and
innovative advanced technology
solutions that support commercial motor
vehicle information systems and
networks;
(ii) for planning activities,
including the development or updating
of program or top level design plans in
order to become eligible or maintain
eligibility under subparagraph (C);
(iii) for the operation and
maintenance costs associated with
innovative technology;
(iv) for the detection of, and
enforcement actions taken as a result
of, criminal activity (including the
trafficking of human beings)--
(I) in a commercial motor
vehicle; or
(II) by any occupant,
including the operator, of a
commercial motor vehicle; and
(v) in addition to any funds
otherwise made available for the
recognition, prevention, and reporting
of human trafficking, to support the
recognition, prevention, and reporting
of human trafficking.
(E) Secretary authorization.--The Secretary
is authorized to award a State funding for the
operation and maintenance costs associated with
innovative technology deployment with funds
made available under sections 31104(a)(1) and
31104(a)(2).
(4) Immobilization grant program.--
(A) Definition of passenger-carrying
commercial motor vehicle.--In this paragraph,
the term ``passenger-carrying commercial motor
vehicle'' has the meaning given the term
``commercial motor vehicle'' in section 31301.
(B) Establishment.--The Secretary shall
establish an immobilization grant program under
which the Secretary shall provide to States
discretionary grants for the immobilization or
impoundment of passenger-carrying commercial
motor vehicles that--
(i) are determined to be unsafe; or
(ii) fail inspection.
(C) List of criteria for immobilization.--The
Secretary, in consultation with State
commercial motor vehicle entities, shall
develop a list of commercial motor vehicle
safety violations and defects that the
Secretary determines warrant the immediate
immobilization of a passenger-carrying
commercial motor vehicle.
(D) Eligibility.--A State shall be eligible
to receive a grant under this paragraph only if
the State has the authority to require the
immobilization or impoundment of a passenger-
carrying commercial motor vehicle--
(i) with respect to which a motor
vehicle safety violation included in
the list developed under subparagraph
(C) is determined to exist; or
(ii) that is determined to have a
defect included in that list.
(E) Use of funds.--A grant provided under
this paragraph may be used for--
(i) the immobilization or impoundment
of passenger-carrying commercial motor
vehicles described in subparagraph (D);
(ii) safety inspections of those
passenger-carrying commercial motor
vehicles; and
(iii) any other activity relating to
an activity described in clause (i) or
(ii), as determined by the Secretary.
(F) Secretary authorization.--The Secretary
may provide to a State amounts for the costs
associated with carrying out an immobilization
program using funds made available under
section 31104(a)(2).
(5) Commercial motor vehicle enforcement training and
support grant program.--
(A) In general.--The Secretary shall
administer a commercial motor vehicle
enforcement training and support grant program
funded under section 31104(a)(3), under which
the Secretary shall make discretionary grants
to eligible entities described in subparagraph
(C) for the purposes described in subparagraph
(B).
(B) Purposes.--The purposes of the grant
program under subparagraph (A) are--
(i) to train non-Federal employees
who conduct commercial motor vehicle
enforcement activities; and
(ii) to develop related training
materials.
(C) Eligible entities.--An entity eligible
for a discretionary grant under the program
described in subparagraph (A) is a nonprofit
organization that has--
(i) expertise in conducting a
training program for non-Federal
employees; and
(ii) the ability to reach and involve
in a training program a target
population of commercial motor vehicle
safety enforcement employees.
(m) State Discretion.--The activities described in
subsections (h)(3) and (l)(2)(J) are--
(1) optional at the discretion of a State; and
(2) not a condition on funds received under this
section.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31134. Requirement for registration and USDOT number
(a) In General.--Upon application, and subject to subsections
(b) and (c), the Secretary shall register an employer or person
subject to the safety jurisdiction of this subchapter. An
employer or person may operate a commercial motor vehicle in
interstate commerce only if the employer or person is
registered by the Secretary under this section and receives a
USDOT number. Nothing in this section shall preclude
registration by the Secretary of an employer or person not
engaged in interstate commerce. An employer or person subject
to jurisdiction under subchapter I of chapter 135 of this title
shall apply for commercial registration under section 13902 of
this title.
(b) Withholding Registration.--The Secretary shall register
an employer or person under subsection (a) only if the
Secretary determines that--
(1) the employer or person seeking registration is
willing and able to comply with the requirements of
this subchapter and the regulations prescribed
thereunder and chapter 51 and the regulations
prescribed thereunder;
(2)(A) during the 3-year period before the date of
the filing of the application, the employer or person
is not or was not related through common ownership,
common management, common control, or common familial
relationship to any other person or applicant for
registration subject to this subchapter who, during
such 3-year period, is or was unfit, unwilling, or
unable to comply with the requirements listed in
subsection (b)(1); [or]
(3) the employer or person has disclosed to the
Secretary any relationship involving common ownership,
common management, common control, or common familial
relationship to any other person or applicant for
registration subject to this subchapter[.]; or
(4) the employer or person seeking registration has
designated a principal place of business, as defined in
section 13102.
(c) Revocation or Suspension of Registration.--The Secretary
shall revoke the registration of an employer or person issued
under subsection (a) after notice and an opportunity for a
proceeding, or suspend the registration after giving notice of
the suspension to the employer or person, if the Secretary
determines that--
(1) the employer's or person's authority to operate
pursuant to chapter 139 of this title is subject to
revocation or suspension under sections 13905(d)(1) or
13905(f) of this title;
(2) the employer or person has knowingly failed to
comply with the requirements listed in [subsection
(b)(1)] subsection (b);
(3) the employer or person has not disclosed any
relationship through common ownership, common
management, common control, or common familial
relationship to any other person or applicant for
registration subject to this subchapter that the
Secretary determines is or was unfit, unwilling, or
unable to comply with the requirements listed in
subsection (b)(1);
(4) the employer or person refused to submit to the
safety review required by section 31144(g) of this
title.
(d) Periodic Registration Update.--The Secretary may require
an employer to update a registration under this section not
later than 30 days after a change in the employer's address,
other contact information, officers, process agent, or other
essential information, as determined by the Secretary.
(e) State Authority.--Nothing in this section shall be
construed as affecting the authority of a State to issue a
Department of Transportation number under State law to a person
operating in intrastate commerce.
* * * * * * *
[all]