[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1070

     To amend title 49, United States Code, relating to improving 
transportation and security of household goods, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2003

   Mr. Petri (for himself, Mr. Lipinski, Mr. Mica, Mr. Rehberg, Mr. 
 Kleczka, Mr. Baker, Ms. Eddie Bernice Johnson of Texas, Mr. Brown of 
South Carolina, Mr. LaTourette, Mr. Honda, Mr. Burgess, and Mr. Baird) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend title 49, United States Code, relating to improving 
transportation and security of household goods, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Consumers' Assurance in 
Moving Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are approximately 1,500,000 interstate household 
        moves every year and, while the vast majority of these 
        interstate moves are completed successfully, consumer 
        complaints have been increasing since the Interstate Commerce 
        Commission was abolished in 1996 and oversight of the household 
        goods industry was transferred to the Department of 
        Transportation.
            (2) While the overwhelming majority of household goods 
        carriers are honest and operate within the law, there appears 
        to be a growing criminal element that is exploiting a perceived 
        void in Federal and State enforcement efforts and who prey upon 
        consumers.
            (3) The movement of an individual's household goods is 
        unique from the movement of a commercial shipment. A consumer 
        may utilize a moving company once or twice in his or her 
        lifetime and entrust virtually all of his or her worldly goods 
        to a mover.
            (4) Current Federal regulations allow for a household goods 
        carrier found to be in violation of Federal law to be subject 
        to civil penalties but provide no remedy for consumers who have 
        been harmed by fraudulent or deceptive trade practices of a 
        household goods mover.
            (5) Various courts have interpreted the ``Carmack'' 
        amendment, related to a carrier's liability in loss and damage 
        claims, to preclude States from pursuing any actions against 
        interstate household goods carriers, including the application 
        of consumer protection laws against fraudulent movers.
            (6) Federal resources are inadequate to properly police or 
        deter, on a nationwide basis, those movers who willfully 
        violate Federal regulations governing the household goods 
        industry and knowingly prey on consumers who are in a 
        vulnerable position. It is appropriate that a Federal-State 
        partnership be created to enhance enforcement tools against 
        fraudulent moving companies.
            (7) The Department of Transportation should provide greater 
        information to consumers and review current consumer protection 
        regulations, including insurance and loss and damage remedies 
        relating to individual household goods moves, in order to 
        recommend modifications to current Federal law and regulations 
        relating to rights and liabilities of both consumers and 
        household goods carriers.

SEC. 3. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD 
              GOODS.

    (a) Nonpreemption of Intrastate Transportation of Household 
Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is 
amended by inserting ``intrastate'' before ``transportation''.
    (b) Enforcement of Consumer Protection With Respect to Interstate 
Household Goods Carriers.--Chapter 145 of title 49, United States Code, 
is amended by adding at the end the following:
``Sec. 14506. Enforcement of consumer protection with respect to 
              interstate household goods carriers
    ``(a) In General.--Notwithstanding any other provision of this 
title, an individual or a State or political subdivision of a State may 
enforce a consumer protection law, regulation, or other provision 
(having the force of law) of such State or political subdivision with 
respect to the interstate transportation of household goods as defined 
in section 13102(a)(10)(A).
    ``(b) Prior Notification.--Before taking any action to enforce a 
consumer protection law, regulation, or other provision of a State 
relating to interstate transportation of household goods as defined in 
section 13102(a)(10)(A) with respect to a motor carrier providing such 
transportation, the State or a political subdivision of a State shall 
notify, in writing, the Secretary of Transportation of its intention to 
enforce such law, regulation, or other provision with respect to such 
carrier; except that, if it is not feasible for the State or political 
subdivision to provide the prior notification, the State or political 
subdivision shall provide the notification, in writing, immediately 
upon instituting such action.
    ``(c) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as authorizing a State or political 
subdivision of a State to bring an enforcement action under a consumer 
protection law, regulation, or other provision of the State relating to 
interstate transportation of household goods as defined in section 
13102(a)(10)(A) with respect to an activity that is inconsistent with 
Federal laws and regulations relating to interstate transportation of 
household goods.''.
    (c) Conforming Amendment.--The analysis for chapter 145 of such 
title is amended by adding at the end the following:

``14506. Enforcement of consumer protection with respect to interstate 
                            household goods carriers.''.

SEC. 4. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO 
              ENHANCE FEDERAL-STATE RELATIONS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish a working 
group of State attorneys general, State consumer protection 
administrators, and Federal and local law enforcement officials for the 
purpose of developing practices and procedures to enhance the Federal-
State partnership in enforcement efforts, exchange of information, and 
coordination of enforcement efforts with respect to interstate 
transportation of household goods and making legislative and regulatory 
recommendations to the Secretary concerning such enforcement efforts.
    (b) Consultation.--In carrying out subsection (a), the working 
group shall consult with industries involved in the transportation of 
household goods.

SEC. 5. CIVIL AND CRIMINAL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE.

    (a) In General.--Chapter 149 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 14915. Holding household goods hostage
    ``(a) Holding Household Goods Hostage Defined.--For purposes of 
this section, the term `holding household goods hostage' means the 
knowing and willful failure to deliver to, or unload at, the 
destination of a shipment of household goods which is subject to 
jurisdiction under subchapter I or III of chapter 135, for which 
charges have been estimated by the motor carrier providing 
transportation of such goods, and for which the maximum amount required 
to be paid at the time of delivery under regulations issued by the 
Secretary is 110 percent of such estimated charges.
    ``(b) Civil Penalty.--Whoever is found holding a household goods 
shipment hostage is liable to the United States for a civil penalty of 
not less than $10,000. If such person is a carrier or broker, the 
Secretary of Transportation may suspend for a period of not less than 6 
months the registration of such carrier or broker under chapter 139.
    ``(c) Criminal Penalty.--Whoever has been convicted of holding 
household goods hostage shall be fined under title 18 or imprisoned not 
more than 2 years, or both.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``14915. Holding household goods hostage.''.

SEC. 6. CONSUMER HANDBOOK ON DOT WEB SITE.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall take such action as may be necessary 
to ensure that publication OCE 100 of the Department of Transportation, 
entitled ``Your Rights and Responsibilities When You Move'', is 
prominently displayed, and available in language that is readily 
understandable by the general public, on the Web site of the Department 
of Transportation.

SEC. 7. DISPLAY OF INFORMATION ON HOUSEHOLD GOODS TRANSPORTATION 
              RELATED WEB SITES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall modify the regulations contained in 
part 375 of title 49, Code of Federal Regulations, to require a motor 
carrier or broker that is subject to such regulations and that 
establishes and maintains a Web site to prominently display on the Web 
site--
            (1) the Department of Transportation number of the motor 
        carrier or broker;
            (2) the OCE 100 publication referred to in section 6; and
            (3) in the case of a broker, a list of all motor carriers 
        providing transportation of household goods used by the broker 
        and a statement that the broker is not a motor carrier 
        providing transportation of household goods.

SEC. 8. CONSUMER COMPLAINT DATA BASE.

    (a) Establishment of System.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation shall--
            (1) establish a system for filing and logging consumer 
        complaints relating to motor carriers providing transportation 
        of household goods and for compiling complaint information 
        gathered by the States with regard to such carriers, a database 
        of the complaints, and a procedure for the public to have 
        access to the database and for carriers to challenge 
        information in the database; and
            (2) issue regulations requiring motor carriers of household 
        goods to submit on a semi-annual basis reports summarizing--
                    (A) the number and general category of complaints 
                lodged by consumers;
                    (B) the number of claims filed for loss and damage, 
                including the aggregate amount of claims; and
                    (C) the number of claims resolved during the 
                reporting period and the aggregate amount of claims 
                paid by the carrier.
    (b) Use of Information.--In determining which motor carriers 
providing transportation of household goods should be subject to a 
commercial investigation, the Secretary of Transportation shall 
consider information in the data base established under subsection (a).

SEC. 9. INSURANCE REGULATIONS.

    (a) Review.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall undertake a review of 
the current Federal regulations regarding insurance coverage provided 
by motor carriers providing transportation of household goods and 
revise such regulations in order to provide enhanced protection for 
shippers in the case of loss or damage as determined necessary.
    (b) Determinations.--The review shall include, but not be limited 
to, a determination of--
            (1) whether the current regulations provide adequate 
        protection for shippers;
            (2) whether an individual shipper should purchase insurance 
        as opposed to the carrier; and
            (3) whether there are abuses of the current regulations 
        that leave the shipper unprotected in loss and damage claims.

SEC. 10. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS.

    Section 14901(d) of title 49, United States Code, is amended--
            (1) by striking ``If a carrier'' and inserting the 
        following:
            ``(1) In general.--If a carrier''; and
            (2) by adding at the end the following:
            ``(2) Estimate of broker without carrier agreement.--If a 
        broker for transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 makes an 
        estimate of the cost of transporting any such goods before 
        entering into an agreement with a carrier to provide 
        transportation of household goods subject to such jurisdiction, 
        the broker is liable to the United States for a civil penalty 
        of not less than $10,000 for each violation.
            ``(3) Unauthorized transportation.--If a person provides 
        transportation of household goods subject to jurisdiction under 
        subchapter I of chapter 135 or provides broker services for 
        such transportation without being registered under chapter 139 
        to provide such transportation or services as a motor carrier 
        or broker, as the case may be, such person is liable to the 
        United States for a civil penalty of not less than $25,000 for 
        each violation.''.

SEC. 11. PROGRESS REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall transmit to Congress a report on the 
progress being made in implementing this Act.
                                 <all>