H. R. 3—614
‘‘(3) a person who participated with a carrier or broker 
in an alleged violation that is being litigated in the civil action 
may be joined in the civil action without regard to the residence 
of the person. 
‘‘(f) ENFORCEMENT OF STATE LAW.—Nothing contained in this 
section shall prohibit an authorized State official from proceeding 
in State court to enforce a criminal statute of such State.’’. 
(c) CLERICAL AMENDMENT.—The analysis for such chapter 147 
is amended by inserting after the item relating to section 14709 
the following:
‘‘14710. Enforcement of Federal laws and regulations with respect to transportation 
of household goods. 
‘‘14711. Enforcement by State attorneys general.’’.
SEC. 4207. LIABILITY OF CARRIERS UNDER RECEIPTS AND BILLS OF 
LADING. 
Section 14706(f) of title 49, United States Code, is amended—
(1) by striking ‘‘A carrier’’ and inserting the following: 
‘‘(1) IN GENERAL.—A carrier’’; and 
(2) by adding at the end the following: 
‘‘(2) FULL VALUE PROTECTION OBLIGATION.—Unless the car-
rier receives a waiver in writing under paragraph (3), a carrier’s 
maximum liability for household goods that are lost, damaged, 
destroyed, or otherwise not delivered to the final destination 
is an amount equal to the replacement value of such goods, 
subject to a maximum amount equal to the declared value 
of the shipment and to rules issued by the Surface Transpor-
tation Board and applicable tariffs. 
‘‘(3) APPLICATION OF RATES.—The released rates established 
by the Board under paragraph (1) (commonly known as 
‘released rates’) shall not apply to the transportation of house-
hold goods by a carrier unless the liability of the carrier for 
the full value of such household goods under paragraph (2) 
is waived, in writing, by the shipper.’’. 
SEC. 4208. 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 charges, 
in addition to those collected at delivery, must be paid by shippers 
for transportation and services related to transportation of house-
hold goods’’. 
(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 in last sentence—
(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 subparagraph (B) as subparagraph 
(C); and 
(2) by striking ‘‘(3)(A) a decision resolving the dispute was 
not’’ and inserting the following:
H. R. 3—615
‘‘(3)(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; 
‘‘(B) a decision resolving the dispute was not’’. 
SEC. 4209. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BRO-
KERS AND UNAUTHORIZED TRANSPORTATION. 
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 esti-
mate 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. 4210. PENALTIES 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: 
‘‘§ 14915. Penalties for failure to give up possession of house-
hold goods 
‘‘(a) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—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 for each violation. 
‘‘(2) EACH DAY, A SEPARATE VIOLATION.—Each day a carrier 
is found to have failed to give up possession of household 
goods may constitute a separate violation. 
‘‘(3) SUSPENSION.—If the person found holding a shipment 
hostage is a carrier or broker, the Secretary may suspend 
for a period of not less than 12 months nor more than 36 
months the registration of such carrier or broker under chapter 
139. The force and effect of such suspension of a carrier or 
broker shall extend to and include any carrier or broker having 
the same ownership or operational control as the suspended 
carrier or broker. 
‘‘(b) CRIMINAL PENALTY.—Whoever has been convicted of having 
failed to give up possession of household goods shall be fined under 
title 18 or imprisoned for not more than 2 years, or both. 
‘‘(c) FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS 
DEFINED.—For purposes of this section, the term ‘failed to give 
up possession of household goods’ means the knowing and willful 
failure, in violation of a contract, to deliver to, or unload at, the 
destination of a shipment of household goods that is subject to 
jurisdiction under subchapter I or III of chapter 135 of this title,
H. R. 3—616
for which charges have been estimated by the motor carrier pro-
viding transportation of such goods, and for which the shipper 
has tendered a payment described in clause (i), (ii), or (iii) of 
section 13707(b)(3)(A).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by adding at the end the following:
‘‘14915. Penalties for failure to give up possession of household goods.’’.
SEC. 4211. CONSUMER HANDBOOK ON DOT WEB SITE. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall take such action as may be necessary 
to ensure that publication ESA 03005 of the Federal Motor Carrier 
Safety Administration entitled ‘‘Your Rights and Responsibilities 
When You Move’’, is prominently displayed, and available in lan-
guage that is readily understandable by the general public, on 
the Web site of the Department of Transportation. 
SEC. 4212. RELEASE OF HOUSEHOLD GOODS BROKER INFORMATION. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall modify the regulations contained in part 
375 of title 49, Code of Federal Regulations, to require a broker 
that is subject to such regulations to provide shippers with the 
following information whenever they have contact with a shipper 
or potential shipper: 
(1) The Department of Transportation number of the 
broker. 
(2) The ESA 03005 publication referred to in section 4211 
of this Act. 
(3) 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. 4213. 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 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 legis-
lative 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, the public, and other interested parties. 
(c) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the working group established under subsection (a). 
(d) TERMINATION DATE.—The working group shall remain in 
effect until September 30, 2009. 
SEC. 4214. CONSUMER COMPLAINT INFORMATION. 
(a) ESTABLISHMENT OF SYSTEM.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall—
H. R. 3—617
(1) establish (A) a system for filing and logging consumer 
complaints relating to household goods motor carriers for the 
purpose of compiling or linking complaint information gathered 
by the Department of Transportation and the States with 
regard to such carriers, (B) a database of the complaints, and 
(C) a procedure for the public to have access, subject to section 
552(a) of title 5, United States Code, to aggregated information 
and for carriers to challenge duplicate or fraudulent information 
in the database; 
(2) issue regulations requiring each motor carrier of house-
hold goods to submit on a quarterly basis a report summa-
rizing—
(A) the number of shipments that originate and are 
delivered for individual shippers during the reporting 
period by the carrier; 
(B) the number and general category of complaints 
lodged by consumers with the carrier; 
(C) the number of claims filed with the carrier for 
loss and damage in excess of $500; 
(D) the number of such claims resolved during the 
reporting period; 
(E) the number of such claims declined in the reporting 
period; and 
(F) the number of such claims that are pending at 
the close of the reporting period; and 
(3) develop a procedure to forward a complaint, including 
the motor carrier bill of lading number, if known, related to 
the complaint to a motor carrier named in such complaint 
and to an appropriate State authority (as defined in section 
14710(d) of title 49, United States Code) in the State in which 
the complainant resides. 
(b) USE
OF
INFORMATION.—The Secretary shall consider 
information in the data base established under subsection (a) in 
its household goods compliance and enforcement program. 
SEC. 4215. REVIEW OF LIABILITY OF CARRIERS. 
(a) REVIEW.—Not later than 1 year after the date of enactment 
of this Act, the Surface Transportation Board shall complete a 
review of the current Federal regulations regarding the level of 
liability protection provided by motor carriers that provide transpor-
tation of household goods and revise such regulations, if necessary, 
to provide enhanced protection in the case of loss or damage. 
(b) DETERMINATIONS.—The review required by subsection (a) 
shall include a determination of—
(1) whether the current regulations provide adequate 
protection; 
(2) the benefits of purchase by a shipper of insurance 
to supplement the carrier’s limitations on liability; and 
(3) whether there are abuses of the current regulations 
that leave the shipper unprotected in the event of loss and 
damage to a shipment of household goods. 
SEC. 4216. APPLICATION OF STATE CONSUMER PROTECTION LAWS 
TO CERTAIN HOUSEHOLD GOODS CARRIERS. 
(a) STUDY.—The Comptroller General shall conduct a study 
on the current consumer protection authorities and actions of the 
Department of Transportation and the impact on shippers and 
carriers of household goods involved in interstate transportation