[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8505 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8505
To amend title 49, United States Code, to expand the authority of the
Administrator of the Federal Motor Carrier Safety Administration to
assess penalties for violations of laws and regulations relating to the
shipping of household goods, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2024
Ms. Norton (for herself and Mr. Ezell) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to expand the authority of the
Administrator of the Federal Motor Carrier Safety Administration to
assess penalties for violations of laws and regulations relating to the
shipping 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 ``Household Goods Shipping Consumer
Protection Act''.
SEC. 2. ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES FOR VIOLATIONS OF
COMMERCIAL REGULATIONS.
(a) Enforcement by Secretary.--Section 14914 of title 49, United
States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) 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.'';
(3) in subsection (c), as redesignated by paragraph (1), by
inserting ``or the Secretary'' after ``Board''; and
(4) in subsection (d), as redesignated by paragraph (1), by
inserting ``or the Secretary'' after ``Board''.
(b) Application.--Section 501(b) of title 49, United States Code,
is amended--
(1) by inserting ``5,'' after ``20303 and chapters''; and
(2) 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--
(1) in subsection (h)--
(A) in paragraph (1)(B), by striking ``and'' at the
end;
(B) in paragraph (2)(B), by striking the period at
the end and inserting ``; and''; and
(C) 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.'';
(2) in subsection (l)(2)--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) by redesignating subparagraph (J) as
subparagraph (K); and
(C) 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''; and
(3) 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.
(a) 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.''.
(b) Motor Carrier Generally.--Section 13902(a)(1) of title 49,
United States Code, is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) has designated a principal place of
business.''.
(c) Registration of Freight Forwarders.--Section 13903(a) of title
49, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) 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.''.
(d) Registration of Brokers.--Section 13904(a) of title 49, United
States Code, is amended--
(1) in subsection (1) by striking ``and'' after the
semicolon;
(2) in subsection (2) by striking the period and inserting
a semicolon; and
(3) 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.''.
(e) Complaints and Actions on Secretary Initiatives.--Section
13905(d)(2) of title 49, United States Code, is amended--
(1) in subparagraph (C)(iii), by striking ``or'' at the
end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) 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.''.
(f) Requirement for Registration and USDOT Number.--Section 31134
of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) 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.''; and
(2) in subsection (c)(2), by striking ``subsection (b)(1)''
and inserting ``subsection (b)''.
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