1073 
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ments of this subchapter and the regulations pre-
scribed thereunder and chapter 51 and the regulations 
prescribed thereunder; 
‘‘(2) the employer or person is or was 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 is or was unfit, unwilling, or 
unable to comply with the requirements listed in sub-
section (b)(1); or 
‘‘(3) the person is the successor, as defined in sec-
tion 31153, to a person who is or was unfit, unwill-
ing, or unable to comply with the requirements listed 
in subsection (b)(1). 
‘‘(c) REVOCATION
OR SUSPENSION
OF REGISTRA-
TION.—The Secretary shall revoke the registration of an em-
ployer or person 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 per-
son, if the Secretary determines that— 
‘‘(1) the employer’s or person’s authority to oper-
ate pursuant to chapter 139 of this title would be sub-
ject to revocation or suspension under sections 
13905(d)(1) or 13905(f) of this title;
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† HR 4348 EAS 
‘‘(2) the employer or person is or was related 
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 re-
quirements listed in subsection (b)(1); 
‘‘(3) the person is the successor, as defined in sec-
tion 31153, to a person the Secretary determines is or 
was unfit, unwilling, or unable to comply with the re-
quirements listed in subsection (b)(1); or 
‘‘(4) the employer or person failed or refused to 
submit to the safety review required by section 
31144(g) of this title. 
‘‘(d) PERIODIC REGISTRATION UPDATE.—The Sec-
retary may require an employer to update a registration 
under this section periodically or not later than 30 days 
after a change in the employer’s address, other contact in-
formation, officers, process agent, or other essential infor-
mation, as determined by the Secretary.’’. 
(b) CONFORMING AMENDMENT.—The analysis of chap-
ter 311 is amended by inserting after the item relating to 
section 31133 the following: 
‘‘31134. Requirement for registration and USDOT number.’’.
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SEC. 32106. REGISTRATION FEE SYSTEM. 
Section 13908(d)(1) is amended by striking ‘‘but shall 
not exceed $300’’. 
SEC. 32107. REGISTRATION UPDATE. 
(a) PERIODIC MOTOR CARRIER UPDATE.—Section 
13902 is amended by adding at the end the following: 
‘‘(h) UPDATE OF REGISTRATION.—The Secretary may 
require a registrant to update its registration under this 
section periodically or not later than 30 days after a change 
in the registrant’s address, other contact information, offi-
cers, process agent, or other essential information, as deter-
mined by the Secretary.’’. 
(b) PERIODIC FREIGHT FORWARDER UPDATE.—Sec-
tion 13903 is amended by adding at the end the following: 
‘‘(c) UPDATE OF REGISTRATION.—The Secretary may 
require a freight forwarder to update its registration under 
this section periodically or not later than 30 days after a 
change in the freight forwarder’s address, other contact in-
formation, officers, process agent, or other essential infor-
mation, as determined by the Secretary.’’. 
(c) PERIODIC BROKER UPDATE.—Section 13904 is 
amended by adding at the end the following: 
‘‘(e) UPDATE OF REGISTRATION.—The Secretary may 
require a broker to update its registration under this section 
periodically or not later than 30 days after a change in 
the broker’s address, other contact information, officers,
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process agent, or other essential information, as determined 
by the Secretary.’’. 
SEC. 32108. INCREASED PENALTIES FOR OPERATING WITH-
OUT REGISTRATION. 
(a) PENALTIES.—Section 14901(a) is amended— 
(1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 
(2) by striking ‘‘who is not registered under this 
part to provide transportation of passengers,’’; 
(3) by striking ‘‘with respect to providing trans-
portation of passengers,’’ and inserting ‘‘or section 
13902(c) of this title,’’; and 
(4) by striking ‘‘$2,000 for each violation and 
each additional day the violation continues’’ and in-
serting ‘‘$10,000 for each violation, or $25,000 for 
each violation relating to providing transportation of 
passengers’’. 
(b) TRANSPORTATION OF HAZARDOUS WASTES.—Sec-
tion 14901(b) is amended by striking ‘‘not to exceed 
$20,000’’ and inserting ‘‘not less than $25,000’’. 
SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT 
HAZARD. 
Section 13905(f)(2) is amended to read as follows: 
‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— 
Notwithstanding subchapter II of chapter 5 of title 5, 
the Secretary shall revoke the registration of a motor
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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.’’. 
SEC. 32110. REVOCATION OF REGISTRATION AND OTHER 
PENALTIES FOR FAILURE TO RESPOND TO 
SUBPOENA. 
Section 525 is amended— 
(1) by striking ‘‘subpenas’’ in the section heading 
and inserting ‘‘subpoenas’’; 
(2) by striking ‘‘subpena’’ and inserting ‘‘sub-
poena’’; 
(3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; 
(4) 
by 
striking 
‘‘$5,000’’ 
and 
inserting 
‘‘$10,000’’; and 
(5) by adding at the end the following: 
‘‘The Secretary may withhold, suspend, amend, or re-
voke any part of the registration of a person required to 
register under chapter 139 for failing to obey a subpoena 
or requirement of the Secretary under this chapter to ap-
pear and testify or produce records.’’. 
SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPER-
ATING WITHOUT REQUIRED REGISTRATION. 
Section 13902(e)(1) is amended—
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(1) by striking ‘‘motor vehicle’’ and inserting 
‘‘motor carrier’’ after ‘‘the Secretary determines that 
a’’; and 
(2) by striking ‘‘order the vehicle’’ and inserting 
‘‘order the motor carrier operations’’ after ‘‘the Sec-
retary may’’. 
SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF 
SAFETY VIOLATIONS. 
Section 31135 is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) NONCOMPLIANCE.— 
‘‘(1) MOTOR
CARRIERS.—Two or more motor 
carriers, employers, or persons shall not use common 
ownership, common management, common control, or 
common familial relationship to enable any or all 
such motor carriers, employers, or persons to avoid 
compliance, or mask or otherwise conceal non-compli-
ance, or a history of non-compliance, with regulations 
prescribed under this subchapter or an order of the 
Secretary issued under this subchapter. 
‘‘(2) PATTERN.—If the Secretary finds that a 
motor carrier, employer, or person engaged in a pat-
tern or practice of avoiding compliance, or masking 
or otherwise concealing noncompliance, with regula-
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tions prescribed under this subchapter, the Sec-
retary— 
‘‘(A) may withhold, suspend, amend, or re-
voke any part of the motor carrier’s, employer’s, 
or person’s registration in accordance with sec-
tion 13905 or 31134; and 
‘‘(B) shall take into account such non-com-
pliance for purposes of determining civil penalty 
amounts under section 521(b)(2)(D). 
‘‘(3) OFFICERS.—If the Secretary finds, after no-
tice and an opportunity for proceeding, that an offi-
cer of a motor carrier, employer, or owner or operator 
engaged in a pattern or practice of violating regula-
tions prescribed under this subchapter, or assisted a 
motor carrier, employer, or owner or operator in 
avoiding compliance, or masking or otherwise con-
cealing noncompliance, the Secretary may impose ap-
propriate sanctions, subject to the limitations in 
paragraph (4), including— 
‘‘(A) suspension or revocation of registra-
tion granted to the officer individually under 
section 13902 or 31134; 
‘‘(B) temporary or permanent suspension or 
bar from association with any motor carrier,
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† HR 4348 EAS 
employer, or owner or operator registered under 
section 13902 or 31134; or 
‘‘(C) any appropriate sanction approved by 
the Secretary. 
‘‘(4) LIMITATIONS.—The sanctions described in 
subparagraphs (A) through (C) of subsection (b)(3) 
shall apply to— 
‘‘(A) intentional or knowing conduct, in-
cluding reckless conduct that violates applicable 
laws (including regulations); and 
‘‘(B) repeated instances of negligent conduct 
that violates applicable laws (including regula-
tions).’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) AVOIDING COMPLIANCE.—For purposes of this sec-
tion, ‘avoiding compliance’ or ‘masking or otherwise con-
cealing noncompliance’ includes serving as an officer or 
otherwise exercising controlling influence over 2 or more 
motor carriers where— 
‘‘(1) one of the carriers was placed out of service, 
or received notice from the Secretary that it will be 
placed out of service, following— 
‘‘(A) a determination of unfitness under sec-
tion 31144(b);