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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.
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