Patrick and Barbara Kowalski Freight Brokers Safety Act

Chapter 149 of title 49, United States Code, is amended by adding at the end the following:

Any broker under this part that contracts with any specified transportation company shall be liable to the United States for a civil penalty in an amount equal to 10 percent of the value of the contracted cargo for the entire contract of such broker with the specified transportation company.

The Secretary shall deposit any penalty collected under subsection (a) into the Highway Trust Fund.

The Secretary may use amounts deposited under subsection (b) without further appropriation for projects or infrastructure eligible under this title or title 23 that increase roadway safety.

In this section, the term specified transportation company means a person that transports cargo for compensation that, in the 5-year period ending on the date on which a broker contracts with the specified transportation company—

(1) has been issued 3 or more Department of Transportation violations; or

(2) employs a driver that has been issued 3 or more Department of Transportation violations.

The Administrator of the Federal Motor Carrier Safety Administration may investigate a freight broker following a fatal crash by a company contracted by such freight broker.

Following an investigation conducted pursuant to subsection (a), the Administrator may establish additional operating requirements on a freight broker if the Administrator found in such investigation that the broker acted with egregious disregard for safety in contracting the company that was involved in such accident.

The analysis for chapter 149 of title 49, United States Code, is amended by adding at the end the following: