[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2928 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2928

 To amend title 49, United States Code, relating to improved consumer 
 protection regulation of the household goods transportation industry, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

  Mr. Boehlert (for himself, Ms. Millender-McDonald, Mr. Duncan, Mr. 
   Pascrell, Ms. Lofgren, Mr. Coble, and Mr. Michaud) 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 improved consumer 
 protection regulation of the household goods transportation industry, 
                        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 ``Consumer's Relocation Protection Act 
of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Federal regulation of interstate transportation of 
        household goods is essential to the maintenance of the 
        interstate household goods moving industry and so is vital to 
        the requirements of our national economy and a strong national 
        defense. The capability of the industry to meet the challenges 
        presented by a mobile society is dependent upon a system of 
        Federal regulation that is uniformly applied regardless of 
        State origins and destinations of consumers' moves. Wholesale 
        proliferation of Federal regulatory responsibilities among the 
        States must be avoided to ensure a consistent regulatory 
        environment that allows the industry to perform its essential 
        service to the public.
            (2) In 1996, Congress abolished the Interstate Commerce 
        Commission and transferred its regulations governing the 
        interstate transportation of consumers' household goods to the 
        Department of Transportation. The Department of Transportation 
        and the Federal Motor Carrier Safety Administration which are 
        charged with regulation of the industry have, on numerous 
        occasions, advised Congress that their primary mission is truck 
        safety regulation and that they have neither the resources nor 
        the manpower to effectively regulate the moving industry. 
        Unfortunately, this condition has nurtured the growth of a 
        cottage industry of rogue movers that preys upon the moving 
        public through a variety of schemes employed to gain the 
        confidence of consumers, and then their belongings, and 
        finally, in exchange for those belongings, impose exorbitant 
        charges for what purports to be a moving service. In reality, 
        those services do not resemble the services of legitimate 
        movers that conscientiously transport the overwhelming majority 
        of the 1,300,000 interstate moves that are performed each year.
            (3) While the rogue movers' participation in the interstate 
        moving market is minutely small, the toll they have taken on 
        the moving public and the legitimate moving industry is 
        enormous. Numerous reports on the unlawful practices of these 
        operators have been aired by our national television networks 
        and countless similar press accounts have seriously tarnished 
        the image of the entire legitimate moving industry which is 
        made up largely of small business operators that comply with 
        existing Federal regulations.
            (4) Just recently the Federal Bureau of Investigation 
        concluded a 2-year investigation into the practices of Florida-
        based unlawful operators that resulted in Federal criminal 
        indictments of 42 rogue movers and 74 individuals that were 
        involved in their operations. Aggressive Federal enforcement 
        action of this nature must continue if we are to rid the moving 
        industry of the scourge created by the rogue mover.
            (5) Under existing Federal law, consumers have an adequate 
        remedy to compensate them for the loss, damage, or delay of 
        their property. However, in view of the operating practices of 
        rogue movers, it is appropriate to enhance enforcement by 
        granting to the States authority over certain unlawful 
        practices that are contrary to Federal law.
            (6) To meet this challenge it is appropriate that Congress 
        act to close certain loopholes that have allowed the 
        unscrupulous mover to thrive. This can be accomplished by 
        conferring authority on the States to take action against 
        movers that violate important Federal licensing, pricing, and 
        arbitration requirements or engage in the insidious practice of 
        holding consumers' goods hostage in exchange for a king's 
        ransom. At the same time, it is necessary not to lose sight of 
        the importance of avoiding measures that would threaten the 
        financial stability of the legitimate moving industry and its 
        ability to serve the public.
            (7) Civil and criminal penalties are necessary to combat 
        the unlawful practice of holding household goods hostage.
            (8) Too many brokers of household goods transportation 
        services, many of whom operate exclusively on the Internet, 
        have run roughshod over consumers when arranging for the 
        transportation of their household goods. Regulation of this 
        segment of the moving industry is virtually nonexistent. 
        Federal consumer protection regulations must be prescribed and 
        the States should be authorized to pursue brokers that fail to 
        arrange legitimate moving services for consumers.
            (9) The Department of Transportation should establish a 
        consumer complaint data information base and require the filing 
        by movers of meaningful statistics on loss and damage claims.
            (10) To promote the public's access to an inexpensive means 
        of resolving claims for loss or damage, the present mandatory 
        threshold for binding arbitration should be available for all 
        claims of $10,000 or less instead of the present $5,000 or less 
        amount. In addition, neutral arbitration should be available to 
consumers to resolve certain transportation charge payment disputes in 
an inexpensive and expeditious manner.
            (11) The Department of Transportation must impose 
        meaningful registration requirements on all applicants for 
        Federal authority to engage in the interstate transportation of 
        household goods to ensure they are qualified to serve the 
        public and to thwart the proliferation of unscrupulous 
        operators.
            (12) Consumers must receive written estimates of moving 
        services and charges and inventories of goods to be transported 
        to curb abusive rogue mover practices that misrepresent their 
        services.

SEC. 3. FEDERAL-STATE RELATIONS RELATING TO THE 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.--
            (1) State enforcement regarding transportation of household 
        goods.--Chapter 145 of such title is amended by adding at the 
        end the following:
``Sec. 14506. State enforcement regarding transportation of household 
              goods
    ``(a) Authority of States.--
            ``(1) Injunctive relief.--Notwithstanding any other 
        provision of this title, if an attorney general of a State or 
        other authorized officer of that State has reason to believe 
        that the interests of the residents of that State have been or 
        are being threatened or adversely affected because any person 
        has engaged or is engaging in the performance or procuring of 
        household goods transportation or service (including 
        accessorial or terminal service) subject to jurisdiction under 
        chapter 135 or 139 in violation of one or more of sections 
        13702(a)(2), 13901, 13902, 13903, 13904, 13906, and 14708, the 
        State may bring a civil action for injunctive relief on behalf 
        of its residents in an appropriate district court of the United 
        States to enjoin such transportation or service and to compel 
        the person to pay to the State any civil penalty assessed under 
        chapter 149 with respect to such violation.
            ``(2) Violation.--A motor carrier providing transportation 
        subject to jurisdiction under chapter 135, that knowingly and 
        willfully refuses to relinquish possession of a shipment of 
        household goods described in section 13102(10)(A) upon payment 
        of not more than 100 percent of a binding estimate (or, in the 
        case of a nonbinding estimate, not more than 110 percent of the 
        estimated charges for such shipment) plus the charges for 
        additional services that were performed at origin, en route, or 
        at destination as authorized by the shipper and as required by 
        section 13702, shall be liable for a civil penalty under 
        chapter 149. A State may bring a civil action under this 
        subsection in an appropriate United States district court to 
        compel a motor carrier to relinquish possession of a shipment, 
        to pay the civil penalty assessed under chapter 149 to the 
        State, or to obtain injunctive relief.
    ``(b) Authority of Secretary.--
            ``(1) Notice.--The State shall serve prior written notice 
        of a civil action under subsection (a) upon the Secretary and 
        provide the Secretary with a copy of its complaint; except 
        that, if it is not feasible for the State to provide such prior 
        notice, the State shall serve such notice immediately upon 
        instituting such action.
            ``(2) Authority.--Upon receiving notice of a civil action 
        under this subsection, the Secretary shall have the right to--
                    ``(A) intervene in such action;
                    ``(B) be heard on all matters arising therein; and
                    ``(C) to participate in or initiate an appeal of 
                such action.
    ``(c) Statutory Construction.--For purposes of bringing a civil 
action under subsection (a), nothing in this section shall be construed 
to prevent an attorney general of a State from exercising the powers 
conferred on the attorney general by the laws of such State to conduct 
investigations or to administer oaths or affirmations or to compel the 
attendance of witnesses or the production of documentary and other 
evidence.
    ``(d) Actions by the Secretary.--Whenever a civil action has been 
instituted by or on behalf of the Secretary for violation of any 
provision specified in subsection (a), no State may institute, during 
the pendency of such action, a civil action under subsection (a) 
against any defendant named in the complaint in such action for a 
violation alleged in such complaint.
    ``(e) Venue; Service of Process.--A civil action under subsection 
(a) may be brought in the district in which the defendant is found, 
resides, or transacts business or wherever venue is proper under 
section 1391 of title 28. Process in such an action may be served in 
any district in which the defendant resides or in which the defendant 
may be found.
    ``(f) Actions by Other State Officials.--In addition to actions 
brought by an attorney general of a State under subsection (a), such an 
action may be brought by officers of the State who are authorized by 
the State to bring actions in such State on behalf of its residents.''.
            (2) Household goods brokers.--Section 13904 of such title 
        is amended--
                    (A) by redesignating subsection (d) as subsection 
                (e); and
                    (B) by inserting after subsection (c) the 
                following:
    ``(d) Household Goods Brokers.--
            ``(1) Regulations.--Not later than 180 days after the 
        effective date of the Consumer's Relocation Protection Act of 
        2003, the Secretary shall adopt regulations prescribing 
        practices and procedures that ensure the fair and equitable 
        treatment of individual shippers that utilize brokers of 
        household goods described in section 13102(10)(A).
            ``(2) Standard for selecting carriers.--Each broker of 
        household goods that is registered by the Secretary under this 
        chapter shall use due diligence and reasonable care in selling 
        or arranging the services of only those motor carriers of 
        household goods that are in compliance with the requirements of 
        this part and all applicable regulations maintained by the 
        Secretary and the Board.
            ``(3) Enforcement by the secretary and the states.--
                    ``(A) Complaint.--Whenever the Secretary or an 
                attorney general of any State or other authorized 
                officer of a State, in coordination with the Secretary, 
                has reason to believe that a broker of household goods 
                subject to this section has arranged for transportation 
                by a motor carrier that has violated this part, or is 
                consistently not fit, willing, and able to provide 
                adequate household goods transportation services, the 
                Secretary may issue to such broker a complaint stating 
                the charges and containing notice of the time and place 
                of a hearing which shall be held no later than 60 days 
                after service of the complaint to such broker; except 
                that, before issuing any complaint under this 
                subsection, the State shall first request that the 
                Secretary initiate an investigation and issue such 
                complaint. If the Secretary declines to initiate an 
                investigation, the State may initiate such an 
                investigation and convene a hearing.
                    ``(B) Right to defend.--The broker shall have the 
                right to appear at any hearing convened pursuant to 
                subsection (A) and rebut the charges contained in a 
                complaint.
                    ``(C) Order.--If the broker does not appear at the 
                hearing or if the Secretary or the State finds that the 
                broker has violated this section, the Secretary may 
                take appropriate action to compel compliance with this 
                part and regulations issued thereunder, including 
                issuance of an order to limit, condition, or prohibit 
                such broker from any involvement in the procurement of 
                service for the transportation of household goods.
                    ``(D) Relief.--Following an investigation and 
                hearing under this subsection, the Secretary or the 
                State may bring a civil action in a United States 
                district court or a State court for injunctive relief 
                and to compel a person to pay any civil penalty 
                assessed under chapter 149 to the United States or the 
                State, as the case may be.''.
            (3) Conforming amendment.--The analysis for chapter 145 of 
        such title is amended by adding at the end the following:

``14506. State enforcement regarding transportation of household 
                            goods.''.

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 of making legislative and 
regulatory recommendations to the Secretary concerning such enforcement 
efforts.
    (b) Consultation With Industries.--In carrying out subsection (a), 
the working group shall include representatives of 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 refusal to relinquish possession of a shipment of 
household goods described in section 13102(A)(10) upon payment of not 
more than 100 percent of a binding estimate (or, in the case of a 
nonbinding estimate, not more than 110 percent of the estimated charges 
for such shipment) plus the charges for additional services that were 
performed at origin, en route, or at destination as authorized by the 
shipper and as required by section 13702.
    ``(b) Civil Penalty.--A motor carrier that is found holding a 
household goods shipment hostage is liable to the United States for a 
civil penalty of not less than $10,000 for each violation. If such 
carrier is subject to jurisdiction under chapter 135, the Secretary may 
suspend for a period of not less than 6 months the registration of such 
carrier under chapter 139.
    ``(c) Criminal Penalty.--A motor carrier that has been convicted of 
knowingly and willfully holding household goods hostage by falsifying 
documents or demanding the payment of charges for services that were 
not performed or were not necessary in the safe and adequate movement 
of a shipment of household goods 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 DATABASE.

    (a) Establishment of System.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation shall 
establish a complaint handling system to log individual shipper (as 
defined in section 13102 of title 49, United States Code) informal 
complaints related to motor carrier interstate transportation of 
household goods, an annual database of such complaints, and a procedure 
for public access to such data. All complaints recorded in the database 
must be identified by motor carrier bill of lading number and forwarded 
to the involved carrier. For each motor carrier included in the 
database, the percentage of complaints which were disputed must also be 
recorded.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue regulations 
requiring each motor carrier and freight forwarder providing 
transportation of household goods to submit an annual report on or 
before each March 31 covering the 12-month period ending on the prior 
March 31 (in this section referred to as the ``reporting period'') that 
summarizes--
            (1) the number of shipments that originate and are 
        delivered for individual shippers during the reporting period;
            (2) the percent of those shipments identified in 
        subparagraph (A) which resulted in the filing of a claim for 
        loss or damage in excess of $500;
            (3) the percent of claims identified in subparagraph (B) 
        which were settled in the reporting period;
            (4) the percent of claims identified in subparagraph (B) 
        which were declined in the reporting period; and
            (5) the percent of claims identified in subparagraph (B) 
        which were pending on the last day of the reporting period.
    (c) Use of Information.--In determining which motor carriers 
providing transportation of household goods should be subject to an 
investigation, the Secretary shall consider the failure to make a 
report in violation of section 14901 of title 49, United States Code, 
and information in the database established under subsection (a).

SEC. 9. ARBITRATION REQUIREMENTS.

    (a)  Offering Shippers Arbitration.--Section 14708(a) of title 49, 
United States Code, is amended by inserting before the period at the 
end the following: ``and to determine whether carrier rates, in 
addition to those collected at delivery that are unpaid, must be paid 
by the shipper as required by the regulations of the Secretary 
governing the payment for transportation and service''.
    (b) Threshold for Binding Arbitration.--Section 14708(b)(6) of such 
title is amended by striking ``$5,000'' each place it appears and 
inserting ``$10,000''.
    (c) Deadline for Decision.--Section 14708(b)(8) of such title is 
amended--
            (1) by striking ``and''; and
            (2) by inserting after ``for damages'' the following: ``, 
        and an order requiring the payment of additional carrier 
        charges''.
    (d) Attorney's Fees to Shippers.--Section 14708(d)(3) of such title 
is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C); and
            (2) by inserting before subparagraph (B) (as so 
        redesignated) the following:
            ``(A) the shipper was not advised by the carrier during the 
        claim settlement process that a dispute settlement program was 
        available to resolve the dispute;''.
    (e) Attorney's Fees to Carriers.--Section 14708(e) of such title is 
amended to read as follows:
    ``(e) Attorney's Fees to Carriers.--In any court action to resolve 
a dispute between a shipper of household goods and a carrier providing 
transportation or service subject to jurisdiction under subchapter I or 
III of chapter 135 concerning the transportation of household goods by 
such carrier, the carrier shall be awarded reasonable attorney's fees 
by the court only if--
            ``(1) the court proceeding is to enforce a decision 
        rendered through arbitration awarding additional charges to the 
        carrier under subsection (a) and is instituted after the period 
        for performance under such decision has elapsed; or
            ``(2) the shipper brought the court action in bad faith--
                    ``(A) after resolution of such dispute through 
                arbitration under this section; or
                    ``(B) after institution of an arbitration 
                proceeding by the shipper to resolve such dispute under 
                this section but before--
                            ``(i) the period provided under subsection 
                        (b)(8) for resolution of such dispute 
                        (including, if applicable, an extension of such 
                        period under such subsection) ends; and
                            ``(ii) a decision resolving such dispute is 
                        rendered.''.

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 such 
        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. INDIVIDUAL SHIPPER DEFINED.

    Section 13102 of title 49, United States Code, is amended by adding 
at the end the following:
            ``(25) Individual shipper.--The term `individual shipper' 
        means any person who is the consignor or consignee of a 
        household goods shipment, is identified as such in the bill of 
        lading or other similar contract, owns the goods being or to be 
        transported, and pays for their transportation.''.

SEC. 12. ADDITIONAL REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS OF 
              HOUSEHOLD GOODS.

    Section 13902 of title 49, United States Code, is amended--
            (1) by redesignating paragraph (4) as paragraph (5);
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Household goods; additional requirements.--In 
        addition to the requirements in subsection (a)(1), the 
        Secretary shall register a person to provide transportation of 
        household goods described in section 13102(10)(A) only after 
        such person--
                    ``(A) identifies the arbitration program in which 
                it participates and provides a copy of its notice of 
                such program as required by section 14708(b)(2);
                    ``(B) identifies its tariff and provides a copy of 
                its notice of the availability of such tariff for 
                inspection as required by section 13702(c);
                    ``(C) certifies that it has access to, has read, is 
                familiar with, and will observe all applicable 
                regulations of the Secretary and the Board governing 
                consumer protection, estimating, consumer rights and 
                responsibilities, and options for limitations of 
                liability for loss and damage; and
                    ``(D) discloses any relationship involving common 
                stock, common ownership, common management, or common 
                familial relationships between such persons and any 
                other motor carrier, freight forwarder, or broker of 
                household goods within the past 3 years.
            ``(3) Consideration of evidence; findings.--The Secretary 
        shall consider and, to the extent applicable, make findings on 
        any evidence demonstrating that the registrant is unable to 
        comply with the requirements of one or more of subparagraphs 
        (A), (B), and (C) of paragraph (1) and subparagraphs (A), (B), 
        (C), and (D) of paragraph (2).
            ``(4) Withholding.--If the Secretary determines that any 
        registrant under this section does not or is not able to meet 
        the requirements of paragraph (1) or (2), the Secretary shall 
        withhold registration for a period of not less than 1 year.''; 
        and
            (3) by adding at the end of paragraph (5) (as so 
        redesignated) the following: ``In the case of a registration 
        for the transportation of household goods described in section 
        13102(10)(A), the Secretary may also hear a complaint on the 
        ground that the registrant fails or will fail to comply with 
        the requirements of paragraph (2).''.

SEC. 13. ESTIMATING AND INVENTORY REQUIREMENTS.

    Section 14104 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking paragraph (1) and 
        inserting the following:
            ``(1) Required to be in writing.--
                    ``(A) In general.--Except as otherwise provided [in 
                this subsection], every motor carrier providing 
                transportation of household goods described in section 
                13102(10)(A) subject to jurisdiction under subchapter I 
                of chapter 135 shall conduct a physical survey of the 
                household goods to be transported on behalf of a 
                prospective individual shipper and shall provide the 
                shipper with a written estimate of charges for the 
                transportation and all related services.
                    ``(B) Waiver.--A shipper may elect to waive a 
                physical survey under this paragraph by written 
                agreement signed by the shipper before [the] shipment 
                is loaded. A copy of the waiver agreement must be 
                retained as an addendum to the bill of lading and shall 
                be subject to the same record inspection and 
                preservation requirements of the Secretary as are 
                applicable to bills of lading.
                    ``(C) Estimate.--
                            ``(i) In general.--Notwithstanding a waiver 
                        under subparagraph (B), a carrier's statement 
                        of charges for transportation must be submitted 
                        to the shipper in writing and must indicate 
                        whether it is binding or nonbinding.
                            ``(ii) Binding.--A binding estimate under 
                        this paragraph must indicate that the carrier 
                        and shipper are bound by such charges. The 
                        carrier may impose a charge for providing a 
                        written binding estimate.
                            ``(iii) Nonbinding.--A nonbinding estimate 
                        under this paragraph must indicate that the 
                        actual charges will be based upon the actual 
                        weight of the shipment and the carrier's lawful 
                        tariff charges.''; and
            (2) by adding at the end the following:
    ``(d) Inventories.--
            ``(1) In general.--Every motor carrier providing 
        transportation of household goods described in section 
        13012(10)(A) subject to jurisdiction under subchapter I of 
        chapter 135 shall prepare, at the time of loading a shipment of 
        such household goods, a written inventory of all articles 
        tendered by an individual shipper and accepted by the carrier 
        for transportation.
            ``(2) Contents.--Every inventory under this subsection 
        shall list or otherwise reasonably identify each item tendered 
        for transportation, be signed by the shipper and the carrier or 
        their respective agents at both the origin and destination, and 
        shall be attached to and considered part of the bill of lading.
            ``(3) Record inspection and preservation requirements.--An 
        inventory under this subsection shall be subject to the same 
        record inspection and preservation requirements of the 
        Secretary as are applicable to bills of lading.''.

SEC. 14. EXTEND CIVIL PENALTIES TO BROKERS OF HOUSEHOLD GOODS.

    Section 14901(d) of title 49, United States Code, is further 
amended by adding at the end the following:
            ``(4) Brokers.--If a broker of household goods described in 
        section 13102(10)(A) providing service to individual shippers 
        and subject to jurisdiction under subchapter I of chapter 135 
        fails or refuses to comply with any regulation issued by the 
        Secretary relating to the protection of individual shippers, 
        such broker shall be liable to the United States for a civil 
        penalty of not less than $1,000 for each violation and for each 
        additional day during which the violation continues.''.

SEC. 15. PROGRESS REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall transmit to Congress 
a report on progress in implementation of this Act, including the 
amendments made by this Act.
    (b) Oversight Hearings.--The Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate shall conduct 
periodic oversight hearings on the effects of this Act, including the 
amendments made by this Act, no less than annually for the first 5 
years following the date of enactment of this Act to ensure that this 
Act, including the amendments made by this Act, is being implemented 
according to congressional intent.
                                 <all>