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cent of all other charges due at delivery. Any re-
maining charges due shall be paid within 30
days after the carrier presents its freight bill.’’.
SEC. 7404. HOUSEHOLD GOODS CARRIER OPERATIONS.
Section 14104(b) is amended—
(1) by striking ‘‘135, upon request of a prospec-
tive shipper, may provide’’ in paragraph (1) and in-
serting ‘‘ 135 shall provide’’;
(2) by striking ‘‘services.’’ the first place it ap-
pears in paragraph (1) and inserting ‘‘services in ac-
cordance with the requirements of sections 375.401,
375.403, 375.405, and 375.213 of title 49, Code of
Federal Regulations, as those requirements were in ef-
fect on the date of enactment of the Surface Transpor-
tation Safety Improvement Act of 2005 or may there-
after be revised.’’;
(3) by redesignating paragraph (2) as para-
graph (4); and
(4) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) OTHER INFORMATION.—At the time that a
motor carrier provides the written estimate required
by paragraph (1), the motor carrier shall provide the
shipper a copy of the Department of Transportation
publication FMCSA–ESA–03–005 (or its successor
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edition or publication) entitled ‘Ready to Move?’. Be-
fore the execution of a contract for service, a motor
carrier shall provide the shipper a copy of the De-
partment of Transportation publication OCE 100, en-
titled ‘Your Rights and Responsibilities When You
Move’ required by section 375.2 of title 49, Code of
Federal Regulations (or any corresponding similar
regulation).
‘‘(3) BINDING
AND
NONBINDING
ESTIMATES.—
The written estimate required by paragraph (1) may
be either binding or nonbinding. The written estimate
shall be based on a visual inspection of the household
goods if the household goods are located within a 50-
mile radius of the location of the carrier’s household
goods agent preparing the estimate. The Secretary
may not prohibit any such carrier from charging a
prospective shipper for providing a written, binding
estimate for the transportation and related services.’’.
SEC. 7405. LIABILITY OF CARRIERS UNDER RECEIPTS AND
BILLS OF LADING.
Section 14706(f) is amended—
(1) by resetting the text as a paragraph indented
2 ems from the left margin and inserting ‘‘(1) IN
GENERAL.—’’ before ‘‘A carrier’’; and
(2) by adding at the end, the following:
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‘‘(2) FULL
VALUE
PROTECTION
OBLIGATION.—
Unless the carrier 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, subject to rules issued by the
Surface Transportation Board and applicable tariffs.
‘‘(3) APPLICATION OF RATES.—The released rates
established by the Board under paragraph (1) (com-
monly known as ‘released rates’) shall not apply to
the transportation of household goods by a carrier un-
less the liability of the carrier for the full value of
such household goods under paragraph (2) is waived
in writing by the shipper.’’.
SEC. 7406. ARBITRATION REQUIREMENTS.
(a) OFFERING
SHIPPERS
ARBITRATION.—Section
14708(a) 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 the shipper for transportation and services related
to the transportation of household goods’’.
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(b) THRESHOLD FOR BINDING ARBITRATION.—Section
14708(b)(6) is amended by striking ‘‘$5,000’’ each place it
appears and inserting ‘‘$10,000’’.
(c) DEADLINE FOR DECISION.—Section 14708(b)(8) is
amended—
(1) by striking ‘‘and’’; and
(2) by inserting after ‘‘for damages’’ the fol-
lowing: ‘‘, and an order requiring the payment of ad-
ditional carrier charges’’.
(d) 
ATTORNEY’S
FEES
TO
SHIPPERS.—Section
14708(d)(3) is amended—
(1) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B) (as so
redesignated) the following:
‘‘(A) the shipper was not advised by the carrier
during the claim settlement process that a dispute set-
tlement program was available to resolve the dispute;’’
(e) REVIEW AND REPORT ON DISPUTE SETTLEMENT
PROGRAMS.—
(1) REVIEW AND REPORT.—Not later than 18
months after the date of enactment of this Act, the
Secretary of Transportation shall complete a review
of the outcomes and the effectiveness of the programs
carried out under title 49, United States Code, to set-
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tle disputes between motor carriers and shippers and
submit a report on the review to the Senate Com-
mittee on Commerce, Science, and Transportation
and the House of Representatives Committee on
Transportation and Infrastructure. The report shall
describe—
(A) the subject of, and amounts at issue in,
the disputes;
(B) patterns in disputes or settlements;
(C) the prevailing party in disputes, if
identifiable; and
(D) any other matters the Secretary con-
siders appropriate.
(2) REQUIREMENT FOR PUBLIC COMMENT.—The
Secretary shall publish notice of the review required
by paragraph (1) and provide an opportunity for the
public to submit comments on the effectiveness of such
programs. Notwithstanding any confidentiality or
non-disclosure provision in a settlement agreement be-
tween a motor carrier and a shipper, it shall not be
a violation of that provision for a motor carrier or
shipper to submit a copy of the settlement agreement,
or to provide information included in the agreement,
to the Secretary for use in evaluating dispute settle-
ment programs under this subsection. Notwith-
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standing anything to the contrary in section 552 of
title 5, United States Code, the Secretary may not
post on the Department of Transportation’s electronic
docket system, or make available to any requester in
paper or electronic format, any information sub-
mitted to the Secretary by a motor carrier or shipper
under the preceding sentence. The Secretary shall use
the settlement agreements or other information sub-
mitted by a motor carrier or shipper solely to evalu-
ate the effectiveness of dispute settlement programs
and shall not include in the report required by this
subsection the names, or other identifying information
concerning, motor carriers or shippers that submitted
comments or information under this subsection.
SEC. 7407. ENFORCEMENT OF REGULATIONS RELATED TO
TRANSPORTATION OF HOUSEHOLD GOODS.
(a) NONPREEMPTION
OF
INTRASTATE
TRANSPOR-
TATION OF HOUSEHOLD GOODS.—Section 14501(c)(2)(B)
is amended by inserting ‘‘intrastate’’ before ‘‘transpor-
tation’’.
(b) ENFORCEMENT OF FEDERAL LAW WITH RESPECT
TO INTERSTATE HOUSEHOLD GOODS CARRIERS.—
(1) IN GENERAL.—Chapter 147 is amended by
adding at the end the following:
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‘‘§ 14710. Enforcement of Federal laws and regula-
tions with respect to transportation of
household goods
‘‘(a) ENFORCEMENT
BY STATES.—Notwithstanding
any other provision of this title, a State authority may en-
force the consumer protection provisions that apply to indi-
vidual shippers, as determined by the Secretary of Trans-
portation, of this title that are related to the delivery and
transportation of household goods in interstate commerce.
Any fine or penalty imposed on a carrier in a proceeding
under this subsection shall, notwithstanding any provision
of law to the contrary, be paid to and retained by the State.
‘‘(b) NOTICE.—The State shall serve written notice to
the Secretary or the Board, as the case may be, of any civil
action under subsection (a) prior to initiating such civil
action. The notice shall include a copy of the complaint to
be filed to initiate such civil action, except that if it is not
feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such
civil action.
‘‘(c) ENFORCEMENT ASSISTANCE OUTREACH PLAN.—
The Federal Motor Carrier Safety Administration shall im-
plement an outreach plan to enhance the coordination and
effective enforcement of Federal laws and regulations with
respect to transportation of household goods between and
among Federal and State law enforcement and consumer
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protection authorities. The outreach shall include, as appro-
priate, local law enforcement and consumer protection au-
thorities.
‘‘(d) STATE AUTHORITY DEFINED.—The term ‘State
authority’ means an agency of a State that has authority
under the laws of the State to regulate the intrastate move-
ment of household goods.
‘‘§ 14711. Enforcement by State attorneys general
‘‘(a) IN GENERAL.—A State, as parens patriae, may
bring a civil action on behalf of its residents in an appro-
priate district court of the United States to enforce the con-
sumer protection provisions that apply to individual ship-
pers, as determined by the Secretary of Transportation, of
this title that are related to the delivery and transportation
of household goods in interstate commerce, or regulations
or orders of the Secretary or the Board thereunder, or to
impose the civil penalties authorized by this part or such
regulation or order, whenever the attorney general of the
State has reason to believe that the interests of the residents
of the State have been or are being threatened or adversely
affected by a carrier or broker providing transportation
subject to jurisdiction under subchapter I or III of chapter
135 of this title, or a foreign motor carrier providing trans-
portation registered under section 13902 of this title, that
is engaged in household goods transportation that violates
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this part or a regulation or order of the Secretary or Board,
as applicable, promulgated under this part.
‘‘(b) NOTICE AND CONSENT.—
‘‘(1) IN GENERAL.—The State shall serve written
notice to the Secretary or the Board, as the case may
be, of any civil action under subsection (a) prior to
initiating such civil action. The notice shall include
a copy of the complaint to be filed to initiate such
civil action.
‘‘(2) 
CONDITIONS.—The 
Secretary 
or 
the
Board—
‘‘(A) shall review the initiation of the action
by the State if—
‘‘(i) the carrier or broker (as such
terms are defined in section 13102 of this
title) is not registered with the Department
of Transportation;
‘‘(ii) the license of a carrier or broker
for failure to file proof of required bodily
injury or cargo liability insurance is pend-
ing, or the license has been revoked for any
other reason by the Department of Trans-
portation;
‘‘(iii) the carrier is not rated or has re-
ceived a conditional or unsatisfactory safety
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rating by the Department of Transpor-
tation; or
‘‘(iv) the carrier or broker has been li-
censed with the Department of Transpor-
tation for less than 5 years; and
‘‘(B) may review if the carrier or broker
fails to meet criteria developed by the Secretary
that are consistent with this section.
‘‘(3) CONGRESSIONAL NOTIFICATION.—The Sec-
retary shall notify the Senate Committee on Com-
merce, Science, and Transportation, and the House of
Representatives Committee on Transportation and
Infrastructure of any criteria developed by the Sec-
retary under paragraph (2)(B).
‘‘(4) 60-DAY DEADLINE.—The Secretary or the
Board shall be considered to have consented to any
such action if the Secretary or the Board has taken
no action with respect to the notice within 60 cal-
endar days after the date on which the Secretary or
the Board received notice under paragraph (1).
‘‘(c) AUTHORITY TO INTERVENE.—
‘‘(1) IN GENERAL.—Upon receiving the notice re-
quired by subsection (b), the Secretary or Board may
intervene in such civil action and upon intervening—
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‘‘(A) be heard on all matters arising in such
civil action;
‘‘(B) file petitions for appeal of a decision
in such civil action; and
‘‘(C) be substituted, upon the filing of a mo-
tion with the court, for the State as parens
patriae in the action.
‘‘(2) SUBSTITUTION.—If the Secretary or the
Board files a motion under paragraph (1)(C), the
court shall—
‘‘(A) grant the motion without further hear-
ing or procedure;
‘‘(B) substitute the Secretary or the Board,
as appropriate, for the State as plaintiff; and
‘‘(C) if requested by the Secretary or the
Board, dismiss the State as a party to the ac-
tion.
‘‘(d) CONSTRUCTION.—For purposes of bringing any
civil action under subsection (a), nothing in this section
shall—
‘‘(1) convey a right to initiate or maintain a
class action lawsuit in the enforcement of a Federal
law or regulation; or
‘‘(2) prevent the attorney general of a State from
exercising the powers conferred on the attorney gen-
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eral by the laws of such State to conduct investiga-
tions or to administer oaths or affirmations or to
compel the attendance of witnesses or the production
of documentary and other evidence.
‘‘(e) VENUE; SERVICE OF PROCESS.—In a civil action
brought under subsection (a)—
‘‘(1) the venue shall be a Federal judicial district
in which—
‘‘(A) the carrier, foreign motor carrier, or
broker operates;
‘‘(B) the carrier, foreign motor carrier, or
broker was authorized to provide transportation
at the time the complaint arose; or
‘‘(C) where the defendant in the civil action
is found;
‘‘(2) process may be served without regard to the
territorial limits of the district or of the State in
which the civil action is instituted; and
‘‘(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 con-
tained in this section shall prohibit an authorized State of-
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ficial from proceeding in State court to enforce a criminal
statute of such State.’’.
(c) INDIVIDUAL SHIPPER DEFINED.—Section 13102 is
amended by redesignating paragraphs (12) through (24) as
paragraphs (13) through (25) and by inserting after para-
graph (11) the following:
‘‘(12) INDIVIDUAL
SHIPPER.—The term ‘indi-
vidual shipper’ means any person who—
‘‘(A) is the shipper, consignor, or consignee
of a household goods shipment;
‘‘(B) is identified as the shipper, consignor,
or consignee on the face of the bill of lading;
‘‘(C) owns the goods being transported; and
‘‘(D) pays his or her own tariff transpor-
tation charges.’’.
(d) CONFORMING
AMENDMENT.—The analysis for
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 transpor-
tation of household goods.
‘‘14711. Enforcement by State attorneys general.’’.
SEC. 7408. WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FED-
ERAL-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 authori-
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ties that regulate the movement of household goods, and Fed-
eral and local law enforcement officials for the purpose of
developing practices and procedures to enhance the Federal-
State partnership in enforcement efforts, exchange of infor-
mation, and coordination of enforcement efforts with respect
to interstate transportation of household goods and making
legislative 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.
SEC. 7409. INFORMATION ABOUT HOUSEHOLD GOODS
TRANSPORTATION ON CARRIERS’ WEBSITES.
Not later than 1 year after the date of enactment of
this Act, the Secretary shall modify the regulations con-
tained 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 (or has established) and
maintains a website to prominently display on the
website—
(1) the number assigned to the motor carrier or
broker by the Department of Transportation;
(2) the OCE 100 publication referred to in sec-
tion 14104(b)(2) of title 49, United States Code; and
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(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. 7410. CONSUMER COMPLAINTS.
(a) REQUIREMENT FOR DATABASE.—Subchapter II of
chapter 141 is amended by adding at the end the following:
‘‘§ 14124. Consumer complaints
‘‘(a) ESTABLISHMENT OF SYSTEM AND DATABASE.—
The Secretary of Transportation shall—
‘‘(1) establish a system to—
‘‘(A) file and log a complaint made by a
shipper that relates to motor carrier transpor-
tation of household goods; and
‘‘(B) to solicit information gathered by a
State regarding the number and type of com-
plaints involving the interstate transportation of
household goods;
‘‘(2) establish a database of such complaints; and
‘‘(3) develop a procedure—
‘‘(A) to provide public access to the data-
base, subject to section 522a of title 5;
‘‘(B) to forward a complaint, including the
motor carrier bill of lading number, if known,
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related to the complaint to a motor carrier
named in such complaint and to an appropriate
State authority (as defined in section 14710(c)
in the State in which the complainant resides;
and
‘‘(C) to permit a motor carrier to challenge
information in the database.
‘‘(b) SUMMARY TO CONGRESS.—The Secretary shall
transmit a summary each year of the complaints filed and
logged under subsection (a) for the preceding calendar year
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Transportation and Infrastructure.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 141 is amended by inserting after the item relating
to section 14123 the following:
‘‘14124. Consumer complaints.’’.
SEC. 7411. 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 transportation of household goods and
revise such regulations, if necessary, to provide enhanced
protection in the case of loss or damage.
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(b) DETERMINATIONS.—The review required by sub-
section (a) shall include a determination of—
(1) whether the current regulations provide ade-
quate protection;
(2) the benefits of purchase by a shipper of in-
surance to supplement the carrier’s limitations on li-
ability;
(3) whether there are abuses of the current regu-
lations that leave the shipper unprotected in the event
of loss and damage to a shipment of household goods;
and
(4) whether the section 14706 of title 49, United
States Code, should be modified.
SEC. 7412. CIVIL PENALTIES RELATING TO HOUSEHOLD
GOODS BROKERS.
Section 14901(d) is amended—
(1) by resetting the text as a paragraph indented
2 ems from the left margin and inserting ‘‘(1) IN
GENERAL.—’’ before ‘‘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 house-
hold goods subject to jurisdiction under subchapter I
of chapter 135 of this title makes an estimate of the
cost of transporting any such goods before entering
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into an agreement with a carrier to provide transpor-
tation 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 this title or provides broker services for such
transportation without being registered under chapter
139 of this title 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 viola-
tion.’’.
SEC. 7413. CIVIL AND CRIMINAL PENALTY FOR FAILING TO
GIVE 
UP 
POSSESSION 
OF 
HOUSEHOLD
GOODS.
(a) IN GENERAL.—Chapter 149 is amended by adding
at the end the following:
‘‘§ 14915. Penalties for failure to give up possession of
household goods
‘‘(a) CIVIL PENALTY.—Whoever is found to have failed
to give up possession of household goods is liable to the
United States for a civil penalty of not less than $10,000.
Each day a carrier is found to have failed to give up posses-
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sion of household goods may constitute a separate violation.
If such person is a carrier or broker, the Secretary may
suspend the registration of such carrier or broker under
chapter 139 of this title for a period of not less than 12
months nor more than 36 months. 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 5 years, or both.
‘‘(c) FAILURE TO GIVE UP POSSESSION OF HOUSE-
HOLD 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 sub-
chapter I or III of chapter 135 of this title, for which
charges have been estimated by the motor carrier providing
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) of this title.’’.
(b) CONFORMING 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.’’.