HR 8505 — Household Goods Shipping Consumer Protection Act

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

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SUBTITLE I--DEPARTMENT OF TRANSPORTATION

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CHAPTER 5--SPECIAL AUTHORITY

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 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.

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SUBTITLE IV--INTERSTATE TRANSPORTATION

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PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

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CHAPTER 131--GENERAL PROVISIONS

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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.

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CHAPTER 139--REGISTRATION

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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.

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SUBCHAPTER III--SAFETY REGULATION

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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.

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