H. R. 4348—409 
(a), the Secretary shall issue final motor vehicle safety standards 
if the Secretary determines that such standards meet the require-
ments and considerations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code. 
SEC. 32706. CONCURRENCE OF RESEARCH AND RULEMAKING. 
(a) REQUIREMENTS.—To the extent feasible, the Secretary shall 
ensure that research programs are carried out concurrently, and 
in a manner that concurrently assesses results, potential counter-
measures, costs, and benefits. 
(b) AUTHORITY TO COMBINE RULEMAKINGS.—When considering 
each of the rulemaking provisions, the Secretary may initiate a 
single rulemaking proceeding encompassing all aspects or may com-
bine the rulemakings as the Secretary deems appropriate. 
(c) CONSIDERATIONS.—If the Secretary undertakes separate 
rulemaking proceedings, the Secretary shall— 
(1) consider whether each added aspect of rulemaking may 
contribute to addressing the safety need determined to require 
rulemaking; 
(2) consider the benefits obtained through the safety belts 
rulemaking in section 32703(a); and 
(3) avoid duplicative benefits, costs, and countermeasures. 
SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PRO-
VIDERS. 
(a) SAFETY REVIEWS.—Section 31144, as amended by section 
32202 of this Act, is amended by adding at the end the following: 
‘‘(i) PERIODIC SAFETY REVIEWS
OF OWNERS
AND OPERATORS 
OF INTERSTATE FOR-HIRE COMMERCIAL MOTOR VEHICLES DESIGNED 
OR USED TO TRANSPORT PASSENGERS.— 
‘‘(1) SAFETY REVIEW.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) determine the safety fitness of each motor car-
rier of passengers who the Secretary registers under 
section 13902 or 31134 through a simple and under-
standable rating system that allows passengers to com-
pare the safety performance of each such motor carrier; 
and 
‘‘(ii) assign a safety fitness rating to each such 
motor carrier. 
‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply— 
‘‘(i) to any provider of motorcoach services reg-
istered with the Administration after the date of enact-
ment of the Motorcoach Enhanced Safety Act of 2012 
beginning not later than 2 years after the date of 
such registration; and 
‘‘(ii) to any provider of motorcoach services reg-
istered with the Administration on or before the date 
of enactment of that Act beginning not later than 3 
years after the date of enactment of that Act. 
‘‘(2) PERIODIC REVIEW.—The Secretary shall establish, by 
regulation, a process for monitoring the safety performance 
of each motor carrier of passengers on a regular basis following 
the assignment of a safety fitness rating, including progressive 
intervention to correct unsafe practices. 
‘‘(3) ENFORCEMENT
STRIKE
FORCES.—In addition to the 
enhanced monitoring and enforcement actions required under
H. R. 4348—410 
paragraph (2), the Secretary may organize special enforcement 
strike forces targeting motor carriers of passengers. 
‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RATING.—In con-
ducting the safety reviews required under this subsection, the 
Secretary shall— 
‘‘(A) reassess the safety fitness rating of each motor 
carrier of passengers not less frequently than once every 
3 years; and 
‘‘(B) annually assess the safety fitness of certain motor 
carriers of passengers that serve primarily urban areas 
with high passenger loads.’’. 
(b) DISCLOSURE OF SAFETY PERFORMANCE RATINGS OF MOTOR-
COACH SERVICES AND OPERATIONS.— 
(1) DEFINITIONS.—In this subsection: 
(A) MOTORCOACH.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the term ‘‘motorcoach’’ has the meaning given the term 
‘‘over-the-road bus’’ in section 3038(a)(3) of the 
Transportation Equity Act for the 21st Century (49 
U.S.C. 5310 note). 
(ii) EXCLUSIONS.—The term ‘‘motorcoach’’ does not 
include— 
(I) a bus used in public transportation that 
is provided by a State or local government; or 
(II) a school bus (as defined in section 
30125(a)(1) of title 49, United States Code), 
including a multifunction school activity bus. 
(B) MOTORCOACH
SERVICES
AND
OPERATIONS.—The 
term ‘‘motorcoach services and operations’’ means pas-
senger transportation by a motorcoach for compensation. 
(2) REQUIREMENTS
FOR
THE
DISCLOSURE
OF
SAFETY 
PERFORMANCE RATINGS OF MOTORCOACH SERVICES AND OPER-
ATIONS.— 
(A) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall establish, 
through notice and opportunity for public to comment, 
requirements to improve the accessibility to the public 
of safety rating information of motorcoach services and 
operations. 
(B) DISPLAY.—In establishing the requirements under 
subparagraph (A), the Secretary shall consider require-
ments for each motor carrier that owns or leases 1 or 
more motorcoaches that transport passengers subject to 
the Secretary’s jurisdiction under section 13501 of title 
49, United States Code, to prominently display safety fit-
ness information pursuant to section 31144 of title 49, 
United States Code— 
(i) in each terminal of departure; 
(ii) in the motorcoach and visible from a position 
exterior to the vehicle at the point of departure, if 
the motorcoach does not depart from a terminal; and 
(iii) at all points of sale for such motorcoach serv-
ices and operations.
H. R. 4348—411 
SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF ESTAB-
LISHING A SYSTEM OF CERTIFICATION OF TRAINING 
PROGRAMS. 
Not later than 2 years after the date of enactment of this 
Act, the Secretary of Transportation shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives that describes the feasibility, benefits, 
and costs of establishing a system of certification of public and 
private schools and of motor carriers and motorcoach operators 
that provide motorcoach driver training. 
SEC. 32709. COMMERCIAL DRIVER’S LICENSE PASSENGER ENDORSE-
MENT REQUIREMENTS. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Secretary of Transportation shall review 
and assess the current knowledge and skill testing requirements 
for a commercial driver’s license passenger endorsement to deter-
mine what improvements to the knowledge test, the examination 
of driving skills, and the application of such requirements are 
necessary to ensure the safe operation of commercial motor vehicles 
designed or used to transport passengers. 
(b) REPORT.—Not later than 120 days after completion of the 
review and assessment under subsection (a), the Secretary of 
Transportation shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate— 
(1) a report on the review and assessment conducted under 
subsection (a); 
(2) a plan to implement any changes to the knowledge 
and skills tests; and 
(3) a timeframe by which the Secretary will implement 
the changes. 
SEC. 32710. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR 
VEHICLES OF PASSENGERS. 
Not later than 3 years after the date of enactment of this 
Act, the Secretary of Transportation shall complete a rulemaking 
proceeding to consider requiring States to establish a program 
for annual inspections of commercial motor vehicles designed or 
used to transport passengers, including an assessment of— 
(1) the risks associated with improperly maintained or 
inspected commercial motor vehicles designed or used to trans-
port passengers; 
(2) the effectiveness of existing Federal standards for the 
inspection of such vehicles in— 
(A) mitigating the risks described in paragraph (1); 
and 
(B) ensuring the safe and proper operation condition 
of such vehicles; and 
(3) the costs and benefits of a mandatory inspection pro-
gram. 
SEC. 32711. REGULATIONS. 
Any standard or regulation prescribed or modified pursuant 
to the Motorcoach Enhanced Safety Act of 2012 shall be prescribed 
or modified in accordance with section 553 of title 5, United States 
Code.
H. R. 4348—412 
Subtitle H—Safe Highways and 
Infrastructure Preservation 
SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS STUDY. 
(a) TRUCK SIZE AND WEIGHT LIMITS STUDY.—Not later than 
45 days after the date of enactment of this Act, the Secretary, 
in consultation with each relevant State and other applicable Fed-
eral agencies, shall commence a comprehensive truck size and 
weight limits study. The study shall— 
(1) provide data on accident frequency and evaluate factors 
related to accident risk of vehicles that operate with size and 
weight limits that are in excess of the Federal law and regula-
tions in each State that allows vehicles to operate with size 
and weight limits that are in excess of the Federal law and 
regulations, or to operate under a Federal exemption or grand-
father right, in comparison to vehicles that do not operate 
in excess of Federal law and regulations (other than vehicles 
with exemptions or grandfather rights); 
(2) evaluate the impacts to the infrastructure in each State 
that allows a vehicle to operate with size and weight limits 
that are in excess of the Federal law and regulations, or to 
operate under a Federal exemption or grandfather right, in 
comparison to vehicles that do not operate in excess of Federal 
law and regulations (other than vehicles with exemptions or 
grandfather rights), including— 
(A) the cost and benefits of the impacts in dollars; 
(B) the percentage of trucks operating in excess of 
the Federal size and weight limits; and 
(C) the ability of each State to recover the cost for 
the impacts, or the benefits incurred; 
(3) evaluate the frequency of violations in excess of the 
Federal size and weight law and regulations, the cost of the 
enforcement of the law and regulations, and the effectiveness 
of the enforcement methods; 
(4) assess the impacts that vehicles that operate with size 
and weight limits in excess of the Federal law and regulations, 
or that operate under a Federal exemption or grandfather right, 
in comparison to vehicles that do not operate in excess of 
Federal law and regulations (other than vehicles with exemp-
tions or grandfather rights), have on bridges, including the 
impacts resulting from the number of bridge loadings; 
(5) compare and contrast the potential safety and infra-
structure impacts of the current Federal law and regulations 
regarding truck size and weight limits in relation to— 
(A) six-axle and other alternative configurations of 
tractor-trailers; and 
(B) where available, safety records of foreign nations 
with truck size and weight limits and tractor-trailer 
configurations that differ from the Federal law and regula-
tions; and 
(6) estimate— 
(A) the extent to which freight would likely be diverted 
from other surface transportation modes to principal arte-
rial routes and National Highway System intermodal 
connectors if alternative truck configuration is allowed to
H. R. 4348—413 
operate and the effect that any such diversion would have 
on other modes of transportation; 
(B) the effect that any such diversion would have on 
public safety, infrastructure, cost responsibilities, fuel effi-
ciency, freight transportation costs, and the environment; 
(C) the effect on the transportation network of the 
United States that allowing alternative truck configuration 
to operate would have; and 
(D) whether allowing alternative truck configuration 
to operate would result in an increase or decrease in the 
total number of trucks operating on principal arterial 
routes and National Highway System intermodal connec-
tors; and 
(7) identify all Federal rules and regulations impacted by 
changes in truck size and weight limits. 
(b) REPORT.—Not later than 2 years after the date that the 
study is commenced under subsection (a), the Secretary shall submit 
a final report on the study, including all findings and recommenda-
tions, to the Committee on Commerce, Science, and Transportation 
and the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives. 
SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE AND 
WEIGHT LIMIT LAWS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary, in consultation with the States, 
shall begin to compile— 
(1) a list for each State, as applicable, that describes each 
route of the National Highway System that allows a vehicle 
to operate in excess of the Federal truck size and weight limits 
that— 
(A) was authorized under State law on or before the 
date of enactment of this Act; and 
(B) was in actual and lawful operation on a regular 
or periodic basis (including seasonal operations) on or 
before the date of enactment of this Act; 
(2) a list for each State, as applicable, that describes— 
(A) the size and weight limitations applicable to each 
segment of the National Highway System in that State 
as listed under paragraph (1); 
(B) each combination that exceeds the Interstate 
weight limit, but that the Department of Transportation, 
other Federal agency, or a State agency has determined 
on or before the date of enactment of this Act, could be 
or could have been lawfully operated in the State; and 
(C) each combination that exceeds the Interstate 
weight limit, but that the Secretary determines could have 
been lawfully operated on a non-Interstate segment of the 
National Highway System in the State on or before the 
date of enactment of this Act; and 
(3) a list of each State law that designates or allows des-
ignation of size and weight limitations in excess of Federal 
law and regulations on routes of the National Highway System, 
including nondivisible loads. 
(b) SPECIFICATIONS.—The Secretary, in consultation with the 
States, shall specify whether the determinations under paragraphs
H. R. 4348—414 
(1) and (2) of subsection (a) were made by the Department of 
Transportation, other Federal agency, or a State agency. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit a final report of the compila-
tion under subsection (a) to the Committee on Commerce, Science, 
and Transportation and the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
Subtitle I—Miscellaneous 
PART I—MISCELLANEOUS 
SEC. 32911. PROHIBITION OF COERCION. 
Section 31136(a) is amended by— 
(1) striking ‘‘and’’ at the end of paragraph (3); 
(2) striking the period at the end of paragraph (4) and 
inserting ‘‘; and’’; and 
(3) adding after subsection (4) the following: 
‘‘(5) an operator of a commercial motor vehicle is not coerced 
by a motor carrier, shipper, receiver, or transportation inter-
mediary to operate a commercial motor vehicle in violation 
of a regulation promulgated under this section, or chapter 
51 or chapter 313 of this title.’’. 
SEC. 32912. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 
Section 4144(d) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (49 U.S.C. 31100 
note), is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘Sep-
tember 30, 2013’’. 
SEC. 32913. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 
(a) EXEMPTION STANDARDS.—Section 31315(b)(4) is amended— 
(1) in subparagraph (A), by inserting ‘‘(or, in the case 
of a request for an exemption from the physical qualification 
standards for commercial motor vehicle drivers, post on a web 
site established by the Secretary to implement the requirements 
of section 31149)’’ after ‘‘Federal Register’’; 
(2) by amending subparagraph (B) to read as follows: 
‘‘(B) UPON
GRANTING
A
REQUEST.—Upon granting a 
request and before the effective date of the exemption, 
the Secretary shall publish in the Federal Register (or, 
in the case of an exemption from the physical qualification 
standards for commercial motor vehicle drivers, post on 
a web site established by the Secretary to implement the 
requirements of section 31149) the name of the person 
granted the exemption, the provisions from which the per-
son is exempt, the effective period, and the terms and 
conditions of the exemption.’’; and 
(3) in subparagraph (C), by inserting ‘‘(or, in the case 
of a request for an exemption from the physical qualification 
standards for commercial motor vehicle drivers, post on a web 
site established by the Secretary to implement the requirements 
of section 31149)’’ after ‘‘Federal Register’’. 
(b) PROVIDING NOTICE OF EXEMPTIONS TO STATE PERSONNEL.— 
Section 31315(b)(7) is amended to read as follows:
H. R. 4348—415 
‘‘(7) NOTIFICATION
OF
STATE
COMPLIANCE
AND
ENFORCE-
MENT PERSONNEL.—Before the effective date of an exemption, 
the Secretary shall notify a State safety compliance and enforce-
ment agency, and require the agency to notify the State’s road-
side inspectors, that a person will be operating pursuant to 
an exemption and the terms and conditions that apply to the 
exemption.’’. 
(c) PILOT
PROGRAMS.—Section 31315(c)(1) is amended by 
striking ‘‘in the Federal Register’’. 
(d) REPORT TO CONGRESS.—Section 31315 is amended by adding 
after subsection (d) the following: 
‘‘(e) REPORT
TO CONGRESS.—The Secretary shall submit an 
annual report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives listing the 
waivers, exemptions, and pilot programs granted under this section, 
and any impacts on safety. 
‘‘(f) WEB SITE.—The Secretary shall ensure that the Federal 
Motor Carrier Safety Administration web site includes a link to 
the web site established by the Secretary to implement the require-
ments under sections 31149 and 31315. The link shall be in a 
clear and conspicuous location on the home page of the Federal 
Motor Carrier Safety Administration web site and be easily acces-
sible to the public.’’. 
SEC. 32914. REGISTRATION REQUIREMENTS. 
(a) REQUIREMENTS
FOR
REGISTRATION.—Section 13901 is 
amended to read as follows: 
‘‘§ 13901. Requirements for registration 
‘‘(a) IN GENERAL.—A person may provide transportation as 
a motor carrier subject to jurisdiction under subchapter I of chapter 
135 or service as a freight forwarder subject to jurisdiction under 
subchapter III of such chapter, or service as a broker for transpor-
tation subject to jurisdiction under subchapter I of such chapter 
only if the person is registered under this chapter to provide such 
transportation or service. 
‘‘(b) REGISTRATION NUMBERS.— 
‘‘(1) IN GENERAL.—If the Secretary registers a person under 
this chapter to provide transportation or service, including as 
a motor carrier, freight forwarder, or broker, the Secretary 
shall issue a distinctive registration number to the person 
for each such authority to provide transportation or service 
for which the person is registered. 
‘‘(2) TRANSPORTATION
OR
SERVICE
TYPE
INDICATOR.—A 
number issued under paragraph (1) shall include an indicator 
of the type of transportation or service for which the registration 
number is issued, including whether the registration number 
is issued for registration of a motor carrier, freight forwarder, 
or broker. 
‘‘(c) SPECIFICATION OF AUTHORITY.—For each agreement to pro-
vide transportation or service for which registration is required 
under this chapter, the registrant shall specify, in writing, the 
authority under which the person is providing such transportation 
or service.’’. 
(b) AVAILABILITY OF INFORMATION.—
H. R. 4348—416 
(1) IN GENERAL.—Chapter 139 is amended by adding at 
the end the following: 
‘‘§ 13909. Availability of information 
‘‘The Secretary shall make information relating to registration 
and financial security required by this chapter publicly available 
on the Internet, including–– 
‘‘(1) the names and business addresses of the principals 
of each entity holding such registration; 
‘‘(2) the status of such registration; and 
‘‘(3) the electronic address of the entity’s surety provider 
for the submission of claims.’’. 
(2) CONFORMING AMENDMENT.—The analysis for chapter 
139 is amended by adding at the end the following: 
‘‘13909. Availability of information.’’. 
SEC. 32915. ADDITIONAL MOTOR CARRIER REGISTRATION REQUIRE-
MENTS. 
Section 13902, as amended by sections 32101 and 32107(a) 
of this Act, is amended–– 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘using self-propelled 
vehicles the motor carrier owns, rents, or leases’’ after 
‘‘motor carrier’’; and 
(B) by adding at the end the following: 
‘‘(6) SEPARATE REGISTRATION REQUIRED.—A motor carrier 
may not broker transportation services unless the motor carrier 
has registered as a broker under this chapter.’’; and 
(2) by inserting after subsection (h) the following: 
‘‘(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 Sec-
retary 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 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.’’. 
SEC. 32916. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS. 
(a) REGISTRATION OF FREIGHT FORWARDERS.—Section 13903, 
as amended by section 32107(b) of this Act, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘finds that the person is fit’’ and 
inserting the following: ‘‘determines that the person–– 
‘‘(1) has sufficient experience to qualify the person to act 
as a freight forwarder; and 
‘‘(2) is fit’’; and 
(B) by striking ‘‘and the Board’’; 
(2) by redesignating subsections (b) and (c) as subsections 
(d) and (e), respectively;
H. R. 4348—417 
(3) by inserting after subsection (a) the following: 
‘‘(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 for-
warder 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.’’; and 
(4) by amending subsection (d), as redesignated, to read 
as follows: 
‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.— 
‘‘(1) IN GENERAL.—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.’’. 
(b) REGISTRATION OF BROKERS.—Section 13904, as amended 
by section 32107(c) of this Act, is amended— 
(1) in subsection (a), by striking ‘‘finds that the person 
is fit’’ and inserting the following: ‘‘determines that the person— 
‘‘(1) has sufficient experience to qualify the person to act 
as a broker for transportation; and 
‘‘(2) is fit’’; 
(2) by redesignating subsections (b), (c), (d), and (e) as 
subsections (d), (e), (f), and (g) respectively; 
(3) by inserting after subsection (a) the following: 
‘‘(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.’’; 
(4) by amending subsection (d), as redesignated, to read 
as follows: 
‘‘(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.’’; and 
(5) by amending subsection (e), as redesignated, to read 
as follows: 
‘‘(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.’’. 
SEC. 32917. EFFECTIVE PERIODS OF REGISTRATION. 
Section 13905(c) is amended to read as follows:
H. R. 4348—418 
‘‘(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 Sec-
retary 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.’’. 
SEC. 32918. FINANCIAL SECURITY OF BROKERS AND FREIGHT FOR-
WARDERS. 
(a) IN GENERAL.—Section 13906 is amended by striking sub-
sections (b) and (c) and inserting the following: 
‘‘(b) BROKER FINANCIAL SECURITY REQUIREMENTS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary may register a person 
as a broker under section 13904 only if the person files 
with the Secretary a surety bond, proof of trust fund, 
or other financial security, or a combination thereof, in 
a form and amount, and from a provider, determined by 
the Secretary to be adequate to ensure financial responsi-
bility. 
‘‘(B) USE OF A GROUP SURETY BOND, TRUST FUND, OR 
OTHER
SURETY.—In implementing the standards estab-
lished by subparagraph (A), the Secretary may authorize 
the use of a group surety bond, trust fund, or other financial 
security, or a combination thereof, that meets the require-
ments of this subsection. 
‘‘(C) PROOF OF TRUST OR OTHER FINANCIAL SECURITY.— 
For purposes of subparagraph (A), a trust fund or other 
financial security may be acceptable to the Secretary only 
if the trust fund or other financial security consists of 
assets readily available to pay claims without resort to 
personal guarantees or collection of pledged accounts 
receivable. 
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 
‘‘(A) PAYMENT OF CLAIMS.—A surety bond, trust fund, 
or other financial security obtained under paragraph (1) 
shall be available to pay any claim against a broker arising 
from its failure to pay freight charges under its contracts, 
agreements, or arrangements for transportation subject to 
jurisdiction under chapter 135 if–– 
‘‘(i) subject to the review by the surety provider, 
the broker consents to the payment;
H. R. 4348—419 
‘‘(ii) in any case in which the broker does not 
respond to adequate notice to address the validity of 
the claim, the surety provider determines that the 
claim is valid; or 
‘‘(iii) the claim is not resolved within a reasonable 
period of time following a reasonable attempt by the 
claimant to resolve the claim under clauses (i) and 
(ii), and the claim is reduced to a judgment against 
the broker. 
‘‘(B) RESPONSE OF SURETY PROVIDERS TO CLAIMS.—If 
a surety provider receives notice of a claim described in 
subparagraph (A), the surety provider shall–– 
‘‘(i) respond to the claim on or before the 30th 
day following the date on which the notice was 
received; and 
‘‘(ii) in the case of a denial, set forth in writing 
for the claimant the grounds for the denial. 
‘‘(C) COSTS
AND
ATTORNEY’S
FEES.—In any action 
against a surety provider to recover on a claim described 
in subparagraph (A), the prevailing party shall be entitled 
to recover its reasonable costs and attorney’s fees. 
‘‘(3) MINIMUM FINANCIAL SECURITY.—Each broker subject 
to the requirements of this section shall provide financial secu-
rity of $75,000 for purposes of this subsection, regardless of 
the number of branch offices or sales agents of the broker. 
‘‘(4) CANCELLATION NOTICE.—If a financial security required 
under this subsection is canceled–– 
‘‘(A) the holder of the financial security shall provide 
electronic notification to the Secretary of the cancellation 
not later than 30 days before the effective date of the 
cancellation; and 
‘‘(B) the Secretary shall immediately post such notifica-
tion on the public Internet Website of the Department 
of Transportation. 
‘‘(5) SUSPENSION.—The Secretary shall immediately sus-
pend the registration of a broker issued under this chapter 
if the available financial security of that person falls below 
the amount required under this subsection. 
‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINANCIAL FAILURE 
OR
INSOLVENCY.—If a broker registered under this chapter 
experiences financial failure or insolvency, the surety provider 
of the broker shall–– 
‘‘(A) submit a notice to cancel the financial security 
to the Administrator in accordance with paragraph (4); 
‘‘(B) publicly advertise for claims for 60 days beginning 
on the date of publication by the Secretary of the notice 
to cancel the financial security; and 
‘‘(C) pay, not later than 30 days after the expiration 
of the 60-day period for submission of claims–– 
‘‘(i) all uncontested claims received during such 
period; or 
‘‘(ii) a pro rata share of such claims if the total 
amount of such claims exceeds the financial security 
available. 
‘‘(7) PENALTIES.— 
‘‘(A) CIVIL
ACTIONS.—Either the Secretary or the 
Attorney General of the United States may bring a civil
H. R. 4348—420 
action in an appropriate district court of the United States 
to enforce the requirements of this subsection or a regula-
tion prescribed or order issued under this subsection. The 
court may award appropriate relief, including injunctive 
relief. 
‘‘(B) CIVIL
PENALTIES.—If the Secretary determines, 
after notice and opportunity for a hearing, that a surety 
provider of a broker registered under this chapter has 
violated the requirements of this subsection or a regulation 
prescribed under this subsection, the surety provider shall 
be liable to the United States for a civil penalty in an 
amount not to exceed $10,000. 
‘‘(C) ELIGIBILITY.—If the Secretary determines, after 
notice and opportunity for a hearing, that a surety provider 
of a broker registered under this chapter has violated the 
requirements of this subsection or a regulation prescribed 
under this subsection, the surety provider shall be ineligible 
to provider broker financial security for 3 years. 
‘‘(8) DEDUCTION OF COSTS PROHIBITED.—The amount of the 
financial security required under this subsection may not be 
reduced by deducting attorney’s fees or administrative costs. 
‘‘(c) FREIGHT
FORWARDER
FINANCIAL
SECURITY
REQUIRE-
MENTS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary may register a person 
as a freight forwarder under section 13903 only if the 
person files with the Secretary a surety bond, proof of 
trust fund, other financial security, or a combination of 
such instruments, in a form and amount, and from a pro-
vider, determined by the Secretary to be adequate to ensure 
financial responsibility. 
‘‘(B) USE OF A GROUP SURETY BOND, TRUST FUND, OR 
OTHER FINANCIAL SECURITY.—In implementing the stand-
ards established under subparagraph (A), the Secretary 
may authorize the use of a group surety bond, trust fund, 
other financial security, or a combination of such 
instruments, that meets the requirements of this sub-
section. 
‘‘(C) SURETY BONDS.—A surety bond obtained under 
this section may only be obtained from a bonding company 
that has been approved by the Secretary of the Treasury. 
‘‘(D) PROOF OF TRUST OR OTHER FINANCIAL SECURITY.— 
For purposes of subparagraph (A), a trust fund or other 
financial security may not be accepted by the Secretary 
unless the trust fund or other financial security consists 
of assets readily available to pay claims without resort 
to personal guarantees or collection of pledged accounts 
receivable. 
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 
‘‘(A) PAYMENT OF CLAIMS.—A surety bond, trust fund, 
or other financial security obtained under paragraph (1) 
shall be available to pay any claim against a freight for-
warder arising from its failure to pay freight charges under 
its contracts, agreements, or arrangements for transpor-
tation subject to jurisdiction under chapter 135 if–– 
‘‘(i) subject to the review by the surety provider, 
the freight forwarder consents to the payment;
H. R. 4348—421 
‘‘(ii) in the case the freight forwarder does not 
respond to adequate notice to address the validity of 
the claim, the surety provider determines the claim 
is valid; or 
‘‘(iii) the claim— 
‘‘(I) is not resolved within a reasonable period 
of time following a reasonable attempt by the 
claimant to resolve the claim under clauses (i) 
and (ii); and 
‘‘(II) is reduced to a judgment against the 
freight forwarder. 
‘‘(B) RESPONSE OF SURETY PROVIDERS TO CLAIMS.—If 
a surety provider receives notice of a claim described in 
subparagraph (A), the surety provider shall–– 
‘‘(i) respond to the claim on or before the 30th 
day following receipt of the notice; and 
‘‘(ii) in the case of a denial, set forth in writing 
for the claimant the grounds for the denial. 
‘‘(C) COSTS
AND
ATTORNEY’S
FEES.—In any action 
against a surety provider to recover on a claim described 
in subparagraph (A), the prevailing party shall be entitled 
to recover its reasonable costs and attorney’s fees. 
‘‘(3) FREIGHT FORWARDER INSURANCE.— 
‘‘(A) IN GENERAL.—The Secretary may register a person 
as a freight forwarder under section 13903 only if the 
person files with the Secretary a surety bond, insurance 
policy, or other type of financial security that meets stand-
ards prescribed by the Secretary. 
‘‘(B) LIABILITY INSURANCE.—A financial security filed 
by a freight forwarder under subparagraph (A) shall be 
sufficient to pay an amount, not to exceed the amount 
of the financial security, for each final judgment against 
the freight forwarder for bodily injury to, or death of, 
an individual, or loss of, or damage to, property (other 
than property referred to in subparagraph (C)), resulting 
from the negligent operation, maintenance, or use of motor 
vehicles by, or under the direction and control of, the 
freight forwarder while providing transfer, collection, or 
delivery service under this part. 
‘‘(C) CARGO INSURANCE.—The Secretary may require 
a registered freight forwarder to file with the Secretary 
a surety bond, insurance policy, or other type of financial 
security approved by the Secretary, that will pay an 
amount, not to exceed the amount of the financial security, 
for loss of, or damage to, property for which the freight 
forwarder provides service. 
‘‘(4) MINIMUM FINANCIAL SECURITY.—Each freight forwarder 
subject to the requirements of this section shall provide finan-
cial security of $75,000, regardless of the number of branch 
offices or sales agents of the freight forwarder. 
‘‘(5) CANCELLATION NOTICE.—If a financial security required 
under this subsection is canceled–– 
‘‘(A) the holder of the financial security shall provide 
electronic notification to the Secretary of the cancellation 
not later than 30 days before the effective date of the 
cancellation; and
H. R. 4348—422 
‘‘(B) the Secretary shall immediately post such notifica-
tion on the public Internet web site of the Department 
of Transportation. 
‘‘(6) SUSPENSION.—The Secretary shall immediately sus-
pend the registration of a freight forwarder issued under this 
chapter if its available financial security falls below the amount 
required under this subsection. 
‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINANCIAL FAILURE 
OR INSOLVENCY.—If a freight forwarder registered under this 
chapter experiences financial failure or insolvency, the surety 
provider of the freight forwarder shall–– 
‘‘(A) submit a notice to cancel the financial security 
to the Administrator in accordance with paragraph (5); 
‘‘(B) publicly advertise for claims for 60 days beginning 
on the date of publication by the Secretary of the notice 
to cancel the financial security; and 
‘‘(C) pay, not later than 30 days after the expiration 
of the 60-day period for submission of claims–– 
‘‘(i) all uncontested claims received during such 
period; or 
‘‘(ii) a pro rata share of such claims if the total 
amount of such claims exceeds the financial security 
available. 
‘‘(8) PENALTIES.— 
‘‘(A) 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 the require-
ments of this subsection or a regulation prescribed or order 
issued under this subsection. The court may award appro-
priate relief, including injunctive relief. 
‘‘(B) CIVIL
PENALTIES.—If the Secretary determines, 
after notice and opportunity for a hearing, that a surety 
provider of a freight forwarder registered under this 
chapter has violated the requirements of this subsection 
or a regulation prescribed under this subsection, the surety 
provider shall be liable to the United States for a civil 
penalty in an amount not to exceed $10,000. 
‘‘(C) ELIGIBILITY.—If the Secretary determines, after 
notice and opportunity for a hearing, that a surety provider 
of a freight forwarder registered under this chapter has 
violated the requirements of this subsection or a regulation 
prescribed under this subsection, the surety provider shall 
be ineligible to provide freight forwarder financial security 
for 3 years. 
‘‘(9) DEDUCTION OF COSTS PROHIBITED.—The amount of the 
financial security required under this subsection may not be 
reduced by deducting attorney’s fees or administrative costs.’’. 
(b) RULEMAKING.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall issue regulations to implement 
and enforce the requirements under subsections (b) and (c) of section 
13906 of title 49, United States Code, as amended by subsection 
(a). 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date that is 1 year after the date 
of enactment of this Act.