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Code · BILL · 119th Congress · S. 3950 (Introduced in Senate) — To amend title 49, United States Code, to combat freight fraud and theft, and for other purposes. · Sec. 5

Sec. 5. Securing the registration system of the Administration

1,404 words·~6 min read·/bill/119/s/3950/is/section-5

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During the 5-year period beginning on the date of enactment of this Act, the Secretary— shall not issue or renew an MC number; and shall take other appropriate steps to phase out reference to MC numbers. The Secretary shall ensure that, as of the date that is 5 years after the date of enactment of this Act— no motor carrier, broker, or freight forwarder holds an MC number; and each motor carrier, broker, and freight forwarder has been assigned a USDOT number. Section 13903(a) of title 49, United States Code, is amended— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and ; and by adding at the end the following: has been issued a USDOT number under section 31134. .
Section 13904(a) of title 49, United States Code, is amended— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and ; and by adding at the end the following: has been issued a USDOT number under section 31134. . Section 31132 of title 49, United States Code, is amended— in the matter preceding paragraph (1), by striking the em dash and inserting a colon; in paragraph (8), by striking 31136 and 31140–31142 and inserting 31136, 31141, and 31142 ; in each of paragraphs
(1)through (11)— by inserting The term after the paragraph designation; and by inserting a paragraph heading, the text of which comprises the term defined in the paragraph; by redesignating paragraphs
(1)through
(11)as paragraphs (2), (6), (7), (8), (9), (10), (11), (13), (14), (15), and (16), respectively; by inserting before paragraph
(2)(as so redesignated) the following: The term Administration means the Federal Motor Carrier Safety Administration. ; by inserting after paragraph
(2)(as so redesignated) the following: The term convicted , with respect to an employer or person, means that a conviction has been made final with respect to that employer or person. The term conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of Federal or State law. The term covered felony means a felony under Federal or State law involving— transportation, trafficking, or smuggling of persons, property, firearms, or controlled substances; theft, fraud, coercion, or extortion— involving the commercial transportation of property or passengers; or in connection with operation as a motor carrier; or transportation of property or passengers in violation of an immigration or labor law. ; by inserting after paragraph
(11)(as so redesignated) the following: The term Secretary means the Secretary of Transportation. ; and by adding at the end the following: The term USDOT number means a unique identifier issued to an employer or person under section 31134. . Section 31134 of title 49, United States Code, is amended— in subsection (a)— in the fourth sentence, by striking An and inserting the following: An ; in the third sentence, by striking Nothing and inserting the following: Nothing ; in the second sentence, by striking An and inserting the following: USDOT number required An ; by striking the subsection designation and heading and all that follows through the period at the end of the first sentence and inserting the following: On application, and subject to paragraphs
(3)and
(6)and subsections
(b)and (d), the Secretary shall register— an employer or person subject to the safety jurisdiction of this subchapter; or a motor carrier, broker, or freight forwarder subject to chapter 139. ; and by inserting after paragraph
(2)the following: A USDOT number shall— be required to obtain registration under this section or part B of subtitle IV; uniquely identify the employer or person to which it is issued; and be the only unique identifier issued by the Secretary to the employer or person for purposes of this section or part B of subtitle IV. ; in subsection (b)— in the matter preceding paragraph (1), by striking subsection
(a)and inserting this subsection ; in paragraph (2)— by striking
(A); and by striking listed in subsection (b)(1) and inserting described in subparagraph
(A); by redesignating paragraphs
(1)through
(3)as subparagraphs
(A)through (C), respectively, and indenting appropriately; and by striking the subsection designation and heading and all that follows through The in the matter preceding subparagraph
(A)(as so redesignated) and inserting the following: The ; by redesignating subsections
(c)through
(e)as subsections
(d)through (f), respectively; by inserting after subsection
(a)the following: The Secretary may withhold registration from an employer or person under subsection
(a)if the employer or person has been convicted of a covered felony relating to the motor carrier operations of, or use of a commercial motor vehicle by, the employer or person. Not later than 30 days after a motor carrier, broker, or freight forwarder associated with a USDOT number of an employer or person under this section experiences a change in ownership, including through purchase, sale, merger, acquisition, or any other transfer, the new employer or person owning the motor carrier, broker, or freight forwarder shall notify the Administration of the change in ownership. ; and in subsection
(d)(as so redesignated)— in paragraph (1), by striking sections 13905(d)(1) and inserting section 13905(d)(2) ; in paragraph (2), by striking listed in subsection (b)(1) and inserting described in subsection (a)(6)(A) ; in paragraph (3), by striking listed in subsection (b)(1) and inserting described in subsection (a)(6)(A) ; in paragraph (4), by striking the period at the end and inserting ; or ; by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively, and indenting appropriately; in the matter preceding subparagraph
(A)(as so redesignated), by striking The Secretary and inserting the following: The Secretary ; in paragraph
(1)(as so designated), by adding at the end the following: the employer or person failed to disclose, in an application for registration under subsection
(a)or any update required by subsection (e), a material fact relevant to the willingness or ability of the employer or person to comply with— the requirements described in subsection (a)(6)(A); or an order of the Secretary. ; and by adding at the end the following: The Secretary may 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 employer or person has been convicted of a covered felony relating to the motor carrier operations of, or use of a commercial motor vehicle by, the employer or person. . Section 13902(a)(4) of title 49, United States Code, is amended— by striking If and inserting the following: If ; and by adding at the end the following: The Secretary may withhold registration from a registrant if the registrant has been convicted (as defined in section 31132) of a covered felony (as defined in that section) relating to the motor carrier operations of, or use of a commercial motor vehicle by, the registrant. . Not later than 1 year after the date of enactment of this Act, the Secretary shall complete all requirements relating to the establishment of the Unified Carrier Registration System under section 13908 of title 49, United States Code. Section 321(4) of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4571(4) ) is amended by striking paragraph
(1)and inserting paragraph
(2). Section 224(b) of the Motor Carrier Safety Improvement Act of 1999 ( 49 U.S.C. 31100 note; Public Law 106–159 ) is amended, in the first sentence, by striking section 31132(1)(B) and inserting section 31132(2)(B) . Section 4008(b) of the Transportation Equity Act for the 21st Century ( 49 U.S.C. 31136 note; Public Law 105–178 ) is amended by striking section 31132(1)(B) of such title (as amended by subsection (a)) and inserting section 31132(2)(B) of that title . Section 32702(3) of the Motorcoach Enhanced Safety Act of 2012 ( 49 U.S.C. 31136 note; Public Law 112–141 ) is amended by striking section 31132(1) and inserting section 31132 . Subchapter III of chapter 311 of title 49, United States Code, is amended— by striking Federal Motor Carrier Safety Administration each place it appears and inserting Administration ; and by striking Secretary of Transportation each place it appears and inserting Secretary .
Connectionstraces to 3
3 references not yet in our index
  • Pub. L. 106-159
  • Pub. L. 105-178
  • Pub. L. 112-141
Citation graph
cites case law
Sec. 5
Securing the registration system of the Administration
U.S.C.§ 4571
U.S.C.§ 31100
U.S.C.§ 31136
Pub. L.Pub. L. 106-159
Pub. L.Pub. L. 105-178
Pub. L.Pub. L. 112-141
Cites 6Cited by 0 across 0 sources
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