Section 1 Short title
This Act may be cited as the “Household Goods Shipping Consumer Protection Act”.
Household Goods Shipping Consumer Protection Act
A BILL
A bill to amend title 49, United States Code, to clarify the authority of the Administrator of the Federal Motor Carrier Safety Administration relating to the shipping of household goods, and for other purposes.
Sec. 2 Administrative Assessment of Civil Penalties for Violations of Commercial Regulations
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;
by inserting after subsection (a) the following:
“(b) Enforcement by Secretary—If, after notice and an opportunity for a hearing, the Secretary finds that a person violated a provision of part B of subtitle IV of this title, or a regulation or order issued pursuant to such part, the Secretary shall assess a civil penalty by written notice.”
in subsection (c), as redesignated by paragraph (1), by inserting “or the Secretary” after “Board”; and
in subsection (d), as redesignated by paragraph (1), by inserting “or the Secretary” after “Board”.
Application— Section 501(b) of title 49, United States Code, is amended—
by inserting “5,” after “20303 and chapters”; and
by inserting “311, 313,” after “chapters),”.
Sec. 3 State Use of Grant Funds for Commercial Enforcement and Consumer Protection
Section 31102 of title 49, United States Code, is amended—
in subsection (h)—
in paragraph (1)(B), by striking “and” at the end;
in paragraph (2)(B), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(3) for the enforcement of Federal household goods statutes and regulations for the interstate transportation of household goods by household goods motor carriers and brokers, and for the intrastate transportation of household goods by household goods motor carriers if the State has adopted laws or regulations that are compatible with Federal household goods regulations.”
in subsection (l)(2)—
in subparagraph (I), by striking “and” at the end;
by redesignating subparagraph (J) as subparagraph (K); and
by inserting after subparagraph (I) the following:
“(J) enforce Federal household goods statutes and regulations for the interstate transportation of household goods by household goods motor carriers and brokers, and for the intrastate transportation of household goods by household goods motor carriers if the State has adopted laws or regulations that are compatible with Federal household goods regulations; and”
by adding at the end the following:
“(m) State discretion—The activities described in subsections (h)(3) and (l)(2)(J) are—
“(1) optional at the discretion of a State; and
“(2) not a condition on funds received under this section.”
Sec. 4 State Retention of Penalties and Fines
Section 14711 of title 49, United States Code, is amended by adding at the end the following:
“(g) Penalties—Notwithstanding any other provision of law, any fine or penalty imposed on a carrier or broker in a proceeding under this section shall be paid to, and retained by, the State that imposed such fine or penalty.”
Sec. 5 Registration Requirements
Definitions— Section 13102 of title 49, United States Code, is amended by adding at the end the following:
“(28) Principal place of business—The term “principal place of business” means a single physical business location of a specified entity where—
“(A) management officials of such specified entity report to work;
“(B) such specified entity conducts a significant portion of its business relating to the transportation of persons or property; and
“(C) such specified entity maintains records required by part B of subtitle IV or part B of subtitle VI.
“(29) Specified entity—The term “specified entity” means—
“(A) an employer, as such term is defined in section 31132;
“(B) a person;
“(C) a motor carrier, including a foreign motor carrier or foreign motor private carrier;
“(D) a broker; or
“(E) a freight forwarder.”
Motor Carrier Generally— Section 13902(a)(1) of title 49, United States Code, is amended—
in subparagraph (C), by striking “and” at the end;
in subparagraph (D), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(E) has designated a principal place of business.”
Registration of freight forwarders— Section 13903(a) of title 49, United States Code, is amended—
in paragraph (1), by striking “and” at the end;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(3) has designated a principal place of business; and
“(4) has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between such person and any other motor carrier, freight forwarder, broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration.”
Registration of brokers— Section 13904(a) of title 49, United States Code, is amended—
in subsection (1) by striking “and” after the semicolon;
in subsection (2) by striking the period and inserting a semicolon; and
by inserting at the end the following:
“(3) has designated a principal place of business; and
“(4) has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between such person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration.”
Complaints and actions on Secretary initiatives— Section 13905(d)(2) of title 49, United States Code, is amended—
in subparagraph (C)(iii), by striking “or” at the end;
in subparagraph (D), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(E) withhold, suspend, amend, or revoke any part of a registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder if the Secretary finds that the motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder failed to designate a valid principal place of business.”
Requirement for registration and USDOT number— Section 31134 of title 49, United States Code, is amended—
in subsection (b)—
in paragraph (2), by striking “or” at the end;
in paragraph (3), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(4) the employer or person seeking registration has designated a principal place of business, as defined in section 13102.”
in subsection (c)(2), by striking “subsection (b)(1)” and inserting “subsection (b)”.