S. Rpt. 119-112 accompanies the "Household Goods Shipping Consumer Protection Act" — legislation that falls within the Commerce, Science, and Transportation Committee's jurisdiction. Committee reports serve as the official legislative history of a bill, documenting what the legislation would do and why the committee recommends passage. Reports of this kind include the committee's section-by-section analysis, any amendments adopted during markup, the Congressional Budget Office cost estimate, dissenting views from minority members, and the legal basis for the legislation. Courts and agencies consult committee reports when interpreting enacted laws, making these documents important beyond the immediate legislative moment.
Official report text. Use Ctrl+F / Cmd+F to search within the document.
Senate Report 119-112 - HOUSEHOLD GOODS SHIPPING CONSUMER PROTECTION ACT
[Senate Report 119-112]
[From the U.S. Government Publishing Office]
Calendar No. 341
119th Congress} { Report
SENATE
2d Session } { 119-112
======================================================================
HOUSEHOLD GOODS SHIPPING CONSUMER
PROTECTION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 337
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 23, 2026.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2026
-----------------------------------------------------------------------------------
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
second session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 341
119th Congress} { Report
SENATE
2d Session } { 119-112
======================================================================
HOUSEHOLD GOODS SHIPPING CONSUMER
PROTECTION ACT
_______
February 23, 2026.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 337]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 337) a bill to 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, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Bill
The purpose of S. 337, the Household Goods Shipping
Consumer Protection Act, is to clarify the Federal Motor
Carrier Safety Administration's (FMCSA) authority relating to
the shipping of household goods, and provide the enforcement
tools for ensuring compliance with Federal commercial
regulations.
Background and Needs
Cargo theft encompasses both straight theft, when thieves
physically steal cargo, and cargo fraud or strategic theft,
when thieves use fraud to trick shippers, brokers, and carriers
into handing loads over to thieves instead of the legitimate
shipper or carrier.\1\ According to voluntarily submitted data
published and analyzed by CargoNet, a private information-
sharing service supporting the insurance industry, cargo theft
has increased year over year since 2021, with cases reported to
CargoNet increasing 59 percent between 2022 and 2023\2\ and 27
percent between 2023 and 2024.\3\ Cargo theft and fraud is
estimated to cost the industry $15-$35 billion annually,\4\ or
roughly $402,000 annually per company in the industry,\5\ which
can force independent and smaller companies out of business.\6\
However, because there is no standard reporting system for
cargo theft across the country, the true scale may be
underreported, and existing estimates of its scale and impact
vary widely.\7\
---------------------------------------------------------------------------
\1\``Cargo Theft,'' Federal Bureau of Investigation, https://
www.fbi.gov/investigate/transnational-organized-crime/cargo-theft.
\2\``2023 Supply Chain Risk Trends Analysis,'' Verisk's CargoNet,
https://www.cargonet.com/news-and-events/cargonet-in-the-media/2023-
theft-trends/.
\3\``2024 Supply Chain Risk Trends Analysis,'' Verisk's CargoNet,
https://www.cargonet.com/news-and-events/cargonet-in-the-media/2024-
theft-trends/.
\4\``Operation Boiling Point,'' U.S. Immigration and Customs
Enforcement, https://www.ice.gov/about-ice/hsi/news/hsi-insider/op-
boiling-point.
\5\Transportation Intermediaries Association, State of Fraud in the
Industry 2024 Report, https://news.tianet.org/wp-content/uploads/sites/
3/2024/10/Fraud-Report-Feb-Aug-2024.pdf.
\6\Prepared statement of Lewie Pugh, submitted to the U.S. Senate
Committee on Commerce, Science and Transportation, for hearing on
``Grand Theft Cargo: Examining a Costly Threat to Consumers to the U.S.
Supply Chain,'' 119th Congress, February 27, 2025, https://
www.commerce.senate.gov/services/files/61C8DC4A-CE8B-447C-A59C-
9B2AAD713F03.
\7\``Cargo Theft, 2019,'' Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Division, https://
ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/additional-
data-collections/cargo-theft.
---------------------------------------------------------------------------
FMCSA is responsible for ensuring that all truck and
motorcoach companies and drivers comply with the Federal Motor
Carrier Safety Regulations. FMCSA also registers and regulates
freight brokers and forwarders. In 2019, an administrative law
judge ruled that FMCSA does not have the statutory authority to
independently impose civil penalties for violations of
regulations of motor carriers, brokers, and freight
forwarders.\8\ Instead, FMCSA must refer its cases to the
Department of Justice (DOJ) and go through the United States
District Courts to pursue civil penalties.
---------------------------------------------------------------------------
\8\Department of Transportation, Unlawful Brokerage Activities
Report to Congress, July 2024, https://www.fmcsa.dot.gov/sites/
fmcsa.dot.gov/files/2024-07/Unlawful%20Brokerage%20
Activities%20Report%20to%20Congress%20Final%20July%202024.pdf.
---------------------------------------------------------------------------
In a July 2024 report to Congress, FMCSA said that, without
statutory authority to administratively impose civil penalties
for violations of its commercial regulations, its enforcement
capabilities are significantly limited.\9\ The report further
emphasized that having to refer cases to DOJ complicates and
hinders FMCSA's ability to enforce these regulations
effectively. FMCSA says that compromised motor carrier numbers
and inauthentic agreements enable fraudulent and/or poorly
performing carriers to continue operating, which keeps unsafe
and unlicensed drivers on the road.\10\ This fraudulent
activity harms the reputation of a motor carrier whose identity
was stolen (e.g., leading to possible blemishes on the
carrier's safety record), and it misleads brokers, shippers,
and independent owner-operators, who are exposed to risks like
operating without proper insurance, authority, or registration.
Additionally, it undermines safety data collection efforts. By
restoring FMCSA's civil penalty authority for commercial
regulations, S. 337 would give FMCSA the tools it needs to
address freight fraud.
---------------------------------------------------------------------------
\9\Ibid.
\10\Department of Transportation, 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, CVSA, https://www.cvsa.org/wp-content/
uploads/FMCSA-Safety-Advisory-Fraud-
Identity-Theft-Alert.pdf.
---------------------------------------------------------------------------
Summary of Provisions
S. 337 would do the following:
Authorize FMCSA to impose civil penalties for
violations of motor carrier, broker, and freight
forwarder statutes and motor carrier safety and
operational statutes.
Allow States to use Motor Carrier Safety Assistance
Program (MCSAP) and High Priority (HP) Program funding
to enforce Federal household goods transportation laws
and regulations.
Allow States to retain the fines and penalties they
collect from motor carriers or brokers for violating
transportation regulations.
Require that companies maintain a legitimate,
verifiable physical location to legally operate.
Require brokers and freight forwarders to disclose
any common ownership, management, control, or familial
ties with another carrier, freight forwarder, broker,
or applicant within the past 3 years.
Give FMCSA the authority to revoke or suspend
registrations if an entity fails to designate a valid
principal place of business.
Legislative History
S. 337 was introduced on January 30, 2025, by Senator
Fischer (for herself and Senator Duckworth) and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. On May 21, 2025, the Committee met in open Executive
Session and, by voice vote, ordered S. 337 reported favorably
without amendment.
H.R. 880, an identical House bill, was introduced on
January 31, 2025, by Delegate Holmes Norton (for herself and
Representatives Ezell, Brownley, Carter, Hill, Garamendi,
Cuellar, Scholten, and Burchett) and was referred to the
Committee on Transportation and Infrastructure of the House of
Representatives. There are 16 additional cosponsors.
118th Congress
H.R. 8505, the Household Goods Shipping Consumer Protection
Act, was introduced on May 22, 2024, by Delegate Holmes Norton
(for herself and Representative Ezell) and was referred to the
Committee on Transportation and Infrastructure of the House of
Representatives. On September 18, 2024, that Committee met in
open Executive Session and, by a vote of 62-2, ordered H.R.
8505 reported favorably with an amendment (in the nature of a
substitute). There were 23 additional cosponsors.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 337 would allow the Federal Motor Carrier Safety
Administration to assess civil penalties on entities that
transport household goods across state lines for violations of
certain registration requirements. The bill also would allow
states to use federal grants to enforce compliance and retain
collected fines.
CBO estimates that enacting S. 337 could increase revenues
because civil 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 2025-2035 period.
In addition, CBO expects that the administrative costs for
the agency to implement S. 337 would be insignificant; any
related spending would be subject to the availability of
appropriated funds.
The CBO staff contact for this estimate is Zunara Naeem.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 337, as reported, would primarily affect motor carriers,
brokers, and freight forwarders involved in the interstate
movement of freight. It would also apply to FMCSA and State
agencies that assist with enforcement. The bill is not expected
to affect private individuals or businesses outside the motor
carrier, broker, or freight forwarder industries.
economic impact
S. 337, as reported, is not expected to have an adverse
economic impact. Giving FMCSA the authority to issue civil
penalties and authorizing State agencies to retain penalties
for addressing freight fraud and theft should reduce instances
of such fraud and theft. Any compliance costs incurred by motor
carriers, brokers, or freight forwarders are expected to be
minimal and justified by enhanced consumer trust and
accountability.
privacy
S. 337, as reported, would not have an adverse impact on
the personal privacy of individuals.
paperwork
S. 337, as reported, would not increase paperwork
requirements for private individuals or businesses outside of
the motor carrier, broker, or freight forwarder industries. It
would require FMCSA to develop new guidance or rules related to
the maintenance of verifiable physical business addresses and
the disclosure of any common ownership, management, control, or
familial relationships with other entities within the past 3
years. These requirements may increase internal documentation
and reporting by motor carriers, brokers, and freight
forwarders.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the 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 would grant FMCSA the authority to
administratively assess civil penalties for violations of
commercial regulations if, after notice and an opportunity for
a hearing, the Secretary finds that a person violated a
provision, regulation, or order.
Section 3. State use of grant funds for commercial enforcement
and consumer protection.
This section would allow States to use MCSAP and HP funds
to enforce Federal household goods transportation laws and
regulations, if the State has adopted laws or regulations that
are compatible with Federal household goods regulations.
Section 4. State retention of penalties and fines.
This section would allow States to retain the fines and
penalties they collect from motor carriers or brokers for
violating transportation regulations.
Section 5. Registration requirements.
This section would define the terms ``principal place of
business'' and ``specified entity''. It would require that
motor carriers, brokers, and freight forwarders maintain a
legitimate, verifiable physical location to legally operate. It
would require brokers and freight forwarders to disclose any
common ownership, management, control, or familial ties with
another carrier, freight forwarder, broker, or applicant within
the past 3 years. Lastly, this section would give FMCSA the
authority to revoke or suspend registrations if an entity fails
to comply with these requirements.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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
material is printed in italic, existing law in which no change
is proposed is shown in roman):
* * * * * * *
TITLE 49--TRANSPORTATION
* * * * * * *
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) * * *
* * * * * * *
(27) * * *
(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) * * *
(3) * * *
(4) * * *
(5) * * *
(6) * * *
(b) * * *
(c) * * *
(d) * * *
(e) * * *
(f) * * *
(g) * * *
(h) * * *
(i) * * *
(j) * * *
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) * * *
(c) * * *
(d) * * *
(e) * * *
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) * * *
(c) * * *
(d) * * *
(e) * * *
(f) * * *
(g) * * *
Sec. 13905. Effective periods of registration
(a) * * *
(b) * * *
(c) * * *
(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 1 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) * * *
(f) * * *
(g) * * *
* * * * * * *
CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
* * * * * * *
Sec. 14711. Enforcement by State attorneys general
(a) * * *
(b) * * *
(c) * * *
(d) * * *
(e) * * *
(f) * * *
(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) * * *
(b) * * *
(c) * * *
(d) * * *
(e) * * *
(f) * * *
(g) * * *
(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) * * *
(j) * * *
(k) * * *
(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) * * *
(4) * * *
(5) * * *
(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) * * *
(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) 1 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) * * *
(e) * * *
* * * * * * *
[all]