Sec. 32916. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS

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## 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; ####

(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 forwarder shall employ, as an officer, an individual who— > > > #### “(1) > > has at least 3 years of relevant experience; or > > > #### “(2) > > provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.” > ; 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.” > .