§ 14916. Unlawful brokerage activities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 div. C title II § 32919(a) · 126 Stat. 405

   Enacted · 49 U.S.C. § 14916

   Added Pub. L. 112–141, div. C, title II, § 32919(a), July 6, 2012, 126 Stat. 827

   Source evidence

   Code source credit
   Added Pub. L. 112–141, div. C, title II, § 32919(a), July 6, 2012, 126 Stat. 827

   Enacted provision · exact public law section
   (a) In General.— Chapter 149 is amended by adding at the end the following: “SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES. “(a) Prohibited Activities.— A person may provide interstate brokerage services as a broker only if that person— “(1) is registered under, and in compliance with, section 13904; and “(2) has satisfied the financial security requirements under section 13906. “(b) Exceptions.— Subsection (a) shall not apply to— “(1) a non-vessel-operating common carrier (as defined in section 40102 of title 46) or an ocean freight forwarder (as defined in section 40102 of title 46) when arranging for inland transportation as part of an international through movement involving ocean transportation between the United States and a foreign port; “(2) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or “(3) an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging in the activities as an air carrier as defined in section 40102(2) or in the activities defined in section 40102(3). “(c) Civil Penalties and Private Cause of Action.— Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable— “(1) to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and “(2) to the injured party for all valid claims incurred without regard to amount. “(d) Liable Parties.— The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally— “(1) to any corporate entity or partnership involved; and “(2) to the individual officers, directors, and principals of such entities.” .

2. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 div. A title V § 5508(a)(5) · 129 Stat. 1312

   Substituted · 49 U.S.C. § 14916

   Pub. L. 114–94 substituted section symbol for “SEC.” before section designation

   Source evidence

   Code amendment note
   Pub. L. 114–94 substituted section symbol for “SEC.” before section designation.

   Enacted provision · exact public law section
   (5) Section 14916 is amended by striking the section designation and heading and inserting the following: “§ 14916. Unlawful brokerage activities” .

   Effective date note
   Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

2 of 2 references resolved to an enrolled provision