```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8505 Introduced in House (IH)]

<DOC>

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)''.
                                 <all>
```