H. R. 3—610
the applicable carrier tariff, except that the charges col-
lected at delivery for such operations shall not exceed 15 
percent of all other charges due at delivery. Any remaining 
charges due shall be paid within 30 days after the carrier 
presents its freight bill.’’. 
SEC. 4204. ADDITIONAL REGISTRATION REQUIREMENTS FOR MOTOR 
CARRIERS OF HOUSEHOLD GOODS. 
Section 13902(a) of title 49, United States Code, is amended—
(1) by striking paragraphs (2) and (3); 
(2) by redesignating paragraph (4) as paragraph (5); 
(3) by inserting after paragraph (1) the following: 
‘‘(2) ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSE-
HOLD
GOODS
MOTOR
CARRIERS.—In addition to meeting the 
requirements of paragraph (1), the Secretary may register a 
person to provide transportation of household goods as a house-
hold goods motor carrier only after that person—
‘‘(A) provides evidence of participation in an arbitration 
program and provides a copy of the notice of the arbitration 
program as required by section 14708(b)(2); 
‘‘(B) identifies its tariff and provides a copy of the 
notice of the availability of that tariff for inspection as 
required by section 13702(c); 
‘‘(C) provides evidence that it has access to, has read, 
is familiar with, and will observe all applicable Federal 
laws relating to consumer protection, estimating, con-
sumers’ rights and responsibilities, and options for limita-
tions of liability for loss and damage; and 
‘‘(D) discloses any relationship involving common stock, 
common ownership, common management, or common 
familial relationships between that person and any other 
motor carrier, freight forwarder, or broker of household 
goods within 3 years of the proposed date of registration. 
‘‘(3) CONSIDERATION
OF
EVIDENCE; FINDINGS.—The Sec-
retary shall consider, and to the extent applicable, make 
findings on any evidence demonstrating that the registrant 
is unable to comply with any applicable requirement of para-
graph (1) or, in the case of a registrant to which paragraph 
(2) applies, paragraph (1) or (2). 
‘‘(4) WITHHOLDING.—If the Secretary determines that a reg-
istrant under this section does not meet, or is not able to 
meet, any requirement of paragraph (1) or, in the case of 
a registrant to which paragraph (2) applies, paragraph (1) 
or (2), the Secretary shall withhold registration.’’; and 
(4) by adding at the end of paragraph (5) (as redesignated 
by paragraph (2) of this section) ‘‘In the case of a registration 
for the transportation of household goods as a household goods 
motor carrier, the Secretary may also hear a complaint on 
the ground that the registrant fails or will fail to comply with 
the requirements of paragraph (2) of this subsection.’’. 
SEC. 4205. HOUSEHOLD GOODS CARRIER OPERATIONS. 
Section 14104(b) of title 49, United States Code, is amended—
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by striking paragraph (1) and inserting the following: 
‘‘(1) REQUIRED TO BE IN WRITING.—
H. R. 3—611
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
this subsection, every motor carrier providing transpor-
tation of household goods described in section 13102(10)(A) 
as a household goods motor carrier and subject to jurisdic-
tion under subchapter I of chapter 135 shall conduct a 
physical survey of the household goods to be transported 
on behalf of a prospective individual shipper and shall 
provide the shipper with a written estimate of charges 
for the transportation and all related services. 
‘‘(B) WAIVER.—A shipper may elect to waive a physical 
survey under this paragraph by written agreement signed 
by the shipper before the shipment is loaded. A copy of 
the waiver agreement must be retained as an addendum 
to the bill of lading and shall be subject to the same 
record inspection and preservation requirements of the Sec-
retary as are applicable to bills of lading. 
‘‘(C) ESTIMATE.—
‘‘(i) IN GENERAL.—Notwithstanding a waiver under 
subparagraph (B), a carrier’s statement of charges for 
transportation must be submitted to the shipper in 
writing and must indicate whether it is binding or 
nonbinding. The written estimate shall be based on 
a physical survey of the household goods if the house-
hold goods are located within a 50-mile radius of the 
location of the carrier’s household goods agent pre-
paring the estimate. 
‘‘(ii) BINDING.—A binding estimate under this para-
graph must indicate that the carrier and shipper are 
bound by such charges. The carrier may impose a 
charge for providing a written binding estimate. 
‘‘(iii) NONBINDING.—A nonbinding estimate under 
this paragraph must indicate that the actual charges 
will be based upon the actual weight of the individual 
shipper’s shipment and the carrier’s lawful tariff 
charges. The carrier may not impose a charge for pro-
viding a nonbinding estimate. 
‘‘(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 Depart-
ment of Transportation publication FMCSA–ESA–03–005 (or 
its successor publication) entitled ‘Ready to Move?’. Before the 
execution of a contract for service, the motor carrier shall 
provide the shipper copy of the Department of Transportation 
publication OCE 100, entitled ‘Your Rights and Responsibilities 
When You Move’ required by section 375.213 of title 49, Code 
of Federal Regulations (or any successor regulation).’’. 
SEC. 4206. ENFORCEMENT OF REGULATIONS RELATED TO TRANSPOR-
TATION OF HOUSEHOLD GOODS. 
(a) NONPREEMPTION
OF
INTRASTATE
TRANSPORTATION
OF 
HOUSEHOLD GOODS.—Section 14501(c)(2)(B) of title 49, United 
States Code, is amended by inserting ‘‘intrastate’’ before ‘‘transpor-
tation’’. 
(b) ENFORCEMENT OF FEDERAL LAW WITH RESPECT TO INTER-
STATE HOUSEHOLD GOODS CARRIERS.—
(1) IN GENERAL.—Chapter 147 of such title is amended 
by adding at the end the following:
H. R. 3—612
‘‘§ 14710. Enforcement of Federal laws and regulations with 
respect to transportation of household goods 
‘‘(a) ENFORCEMENT
BY STATES.—Notwithstanding any other 
provision of this title, a State authority may enforce the consumer 
protection provisions of this title that apply to individual shippers, 
as determined by the Secretary, and 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 be paid, notwithstanding any other provision of 
law, to and retained by the State. 
‘‘(b) NOTICE.—The State shall serve written notice to the Sec-
retary 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 the notice immediately 
upon instituting such civil action. 
‘‘(c) ENFORCEMENT ASSISTANCE OUTREACH PLAN.—The Federal 
Motor Carrier Safety Administration shall implement an outreach 
plan to enhance the coordination and effective enforcement of Fed-
eral laws and regulations with respect to transportation of house-
hold goods between and among Federal and State law enforcement 
and consumer protection authorities. The outreach shall include, 
as appropriate, local law enforcement and consumer protection 
authorities. 
‘‘(d) STATE AUTHORITY DEFINED.—In this section, the term 
‘State authority’ means an agency of a State that has authority 
under the laws of the State to regulate the intrastate movement 
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 appropriate district 
court of the United States to enforce the consumer protection provi-
sions of this title that apply to individual shippers, as determined 
by the Secretary, and are related to the delivery and transportation 
of household goods by a household goods motor carrier subject 
to jurisdiction under subchapter I of chapter 135 or regulations 
or orders of the Secretary or the Board issued under such provisions 
or to impose the civil penalties authorized by this part or such 
regulations or orders, 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 jurisdic-
tion under subchapter I or III of chapter 135 or a foreign motor 
carrier providing transportation that is registered under section 
13902 and is engaged in household goods transportation that vio-
lates this part or a regulation or order of the Secretary or Board, 
as applicable, issued 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—
H. R. 3—613
‘‘(A) shall review the initiation of a civil action under 
this section by a State if—
‘‘(i) the carrier or broker that is the subject of 
the action is not registered with the Department of 
Transportation; 
‘‘(ii) the license of the carrier or broker for failure 
to file proof of required bodily injury or cargo liability 
insurance is pending, or the license has been revoked 
for any other reason by the Department; 
‘‘(iii) the carrier is not rated or has received a 
conditional or unsatisfactory safety rating by the 
Department; or 
‘‘(iv) the carrier or broker has been licensed with 
the Department 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 Secretary shall 
notify the Committee on Commerce, Science, and Transpor-
tation, of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives of any cri-
teria developed by the Secretary under paragraph (2)(B). 
‘‘(4) 60-DAY DEADLINE.—The Secretary or the Board shall 
be considered to have consented to any civil action of a State 
under this section if the Secretary or the Board has taken 
no action with respect to the notice within 60 calendar days 
after the date on which the Secretary or the Board received 
notice under paragraph (1). 
‘‘(c) AUTHORITY
TO INTERVENE.—Upon receiving the notice 
required by subsection (b), the Secretary or board may intervene 
in a civil action of a State under this section and upon intervening—
‘‘(1) be heard on all matters arising in such civil action; 
and 
‘‘(2) file petitions for appeal of a decision in such civil 
actions. 
‘‘(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 general by the laws of 
such State to conduct investigations 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 oper-
ates; 
‘‘(B) the carrier, foreign motor carrier, or broker was 
authorized to provide transportation at the time the com-
plaint 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