I 
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. KLECZ-
KA, 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 Com-
mittee 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 Representa-
tives 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 inter-
state household moves every year and, while the vast 
majority of these interstate moves are completed 
successfully, consumer complaints have been increas-
ing 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 house-
hold goods carriers are honest and operate within 
the law, there appears to be a growing criminal ele-
ment 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 com-
pany 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 pro-
vide 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 liabil-
ity in loss and damage claims, to preclude States 
from pursuing any actions against interstate house-
hold goods carriers, including the application of con-
sumer protection laws against fraudulent movers. 
(6) Federal resources are inadequate to prop-
erly police or deter, on a nationwide basis, those 
movers who willfully violate Federal regulations gov-
erning 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 fraud-
ulent 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 rec-
ommend modifications to current Federal law and 
regulations relating to rights and liabilities of both 
consumers and household goods carriers.
tation 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, ex-
change of information, and coordination of enforcement 
efforts with respect to interstate transportation of house-
hold goods and making legislative and regulatory rec-
ommendations to the Secretary concerning such enforce-
ment 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 fol-
lowing: 
‘‘§ 14915. Holding household goods hostage 
‘‘(a) HOLDING HOUSEHOLD GOODS HOSTAGE DE-
FINED.—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 ship-
ment 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 pro-
viding transportation of such goods, and for which the 
maximum amount required to be paid at the time of deliv-
ery under regulations issued by the Secretary is 110 per-
cent 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 Transpor-
tation 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 con-
victed 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 fol-
lowing:
‘‘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 sec-
tion 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 pro-
viding 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 chal-
lenge 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 regula-
tions regarding insurance coverage provided by motor car-
riers providing transportation of household goods and re-
vise such regulations in order to provide enhanced protec-
tion for shippers in the case of loss or damage as deter-
mined necessary. 
(b) DETERMINATIONS.—The review shall include, but 
not be limited to, a determination of—
(1) whether the current regulations provide ade-
quate protection for shippers; 
(2) whether an individual shipper should pur-
chase insurance as opposed to the carrier; and 
(3) whether there are abuses of the current reg-
ulations 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 sub-
chapter 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 trans-
portation of household goods subject to such juris-
diction, the broker is liable to the United States for 
a civil penalty of not less than $10,000 for each vio-
lation. 
‘‘(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 transpor-
tation 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 imple-
menting this Act.
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