719
household goods hostage’ means the knowing and willful re-
fusal to relinquish possession of a shipment of household 
goods described in section 13102(10)(A) upon payment of 
not more than 100 percent of a binding estimate (or, in 
the case of a nonbinding estimate, not more than 110 per-
cent of the estimated charges for such shipment). 
‘‘(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 for each 
violation. If such person is a carrier or broker, the Secretary 
may suspend for a period of not less than 6 months the 
registration of such carrier or broker under chapter 139.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following:
‘‘14915. Holding household goods hostage.’’.
SEC. 4205. 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 consumer 
protection administrators, and Federal and local law en-
forcement officials for the purpose of developing practices 
and procedures to enhance the Federal-State partnership in 
enforcement efforts, exchange of information, and coordina-
tion of enforcement efforts with respect to interstate trans-
720
portation of household goods and of 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. 
(c) FEDERAL ADVISORY COMMITTEE ACT EXEMP-
TION.—The Federal 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 re-
main in effect until September 30, 2009. 
SEC. 4206. 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 Fed-
eral Motor Carrier Safety Administration entitled ‘‘Your 
Rights and Responsibilities When You Move’’, is promi-
nently displayed, and available in language that is readily 
understandable by the general public, on the Web site of 
the Department of Transportation. 
SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER IN-
FORMATION. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary shall modify the regulations con-
721
tained 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 4206 of this Act. 
(3) A list of all motor carriers providing trans-
portation of household goods used by the broker and 
a statement that the broker is not a motor carrier 
providing transportation of household goods. 
SEC. 4208. CONSUMER COMPLAINT INFORMATION. 
(a) ESTABLISHMENT OF SYSTEM.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall—
(1) establish a system for filing and logging con-
sumer complaints relating to motor carriers pro-
viding transportation of household goods and for com-
piling complaint information gathered by the Depart-
ment of Transportation and the States with regard to 
such carriers, a database of the complaints, and a 
procedure for the public to have access to aggregated 
information and for carriers to challenge duplicate or 
fraudulent information in the database; and
722
(2) issue regulations requiring each motor car-
rier of household goods to submit on a quarterly basis 
a report summarizing—
(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 car-
rier for loss and damage in excess of $500; 
(D) the number of such claims resolved dur-
ing 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. 
(b) USE OF INFORMATION.—The Secretary shall con-
sider information in the data base established under sub-
section (a) in its household goods compliance and enforce-
ment program. 
SEC. 4209. INSURANCE REGULATIONS. 
(a) REVIEW.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall undertake a re-
view of the current Federal regulations regarding insurance 
coverage provided by motor carriers providing transpor-
723
tation of household goods and revise such regulations in 
order to provide enhanced protection for shippers in the case 
of loss or damage as determined 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 regu-
lations that leave the shipper unprotected in loss and 
damage claims. 
SEC. 4210. ESTIMATING REQUIREMENTS. 
Section 14104(b)(1) of title 49, United States Code, is 
amended to read as follows: 
‘‘(1) REQUIRED TO BE IN WRITING.—
‘‘(A) IN
GENERAL.—Except as otherwise 
provided in this subsection, every motor carrier 
providing transportation of household goods de-
scribed in section 13102(10)(A) subject to juris-
diction under subchapter I of chapter 135 shall 
conduct a physical survey of the household goods 
to be transported on behalf of a prospective indi-
vidual shipper and shall provide the shipper
724
with a written estimate of charges for the trans-
portation 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 Secretary as are applicable to bills of lad-
ing. 
‘‘(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. 
‘‘(ii) BINDING.—A binding estimate 
under this paragraph 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 es-
timate under this paragraph must indicate
725
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 providing a nonbinding esti-
mate.’’. 
SEC. 4211. APPLICATION OF STATE CONSUMER PROTEC-
TION 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 im-
pact on shippers and carriers of household goods involved 
in interstate transportation of allowing State attorneys 
general to apply State consumer protection laws to such 
transportation. 
(b) MATTERS TO BE CONSIDERED.—In conducting the 
study, the Comptroller General shall consider, at a min-
imum—
(1) the level of consumer protection being pro-
vided to consumers through Federal household goods 
regulations and how household goods regulations re-
lating to consumer protection compare to regulations 
relating to consumer protection for other modes of
726
transportation regulated by the Department of Trans-
portation; 
(2) the history and background of State enforce-
ment of State consumer protection laws on household 
goods carriers providing intrastate transportation 
and what effects such laws have on the ability of 
intrastate household goods carriers to operate; 
(3) what operational impacts, if any, would re-
sult on household goods carriers engaged in interstate 
commerce being subject to the State consumer protec-
tion laws; and 
(4) the potential for States to regulate rates or 
other business operations if State consumer protection 
laws applied to interstate household goods movements. 
(c) CONSULTATION.—In conducting the study, the 
Comptroller General shall consult with the Secretary, State 
attorneys general, consumer protection agencies, and the 
household goods industry. 
(d) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General shall 
transmit to the Committee of Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science and Transportation of the Senate a 
report on the results of the study.
727
SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR 
CARRIERS. 
(a) IN GENERAL.—The provisions of title 49, United 
States Code, and this Act (including any amendments made 
by this Act) relating to the transportation of household 
goods shall only apply to household goods motor carriers. 
(b) HOUSEHOLD GOODS MOTOR CARRIER DEFINED.—
In this section, the term ‘‘household goods motor carrier’’ 
means a motor carrier as defined in section 13102(12) of 
title 49, United States Code, which, in the ordinary course 
of its business of providing transportation of household 
goods, offers some or all of the following additional services: 
binding and nonbinding estimates, inventorying, protective 
packing and unpacking of individual items, and loading 
and unloading at personal residences. 
SEC. 4213. VIOLATIONS OF OUT-OF-SERVICE ORDERS. 
Section 31310(i)(2) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(D) an employer that knowingly and willfully 
allows or requires an employee to operate a commer-
cial motor vehicle in violation of an out-of-service 
order shall, upon conviction, be subject for each of-
fense to imprisonment for a term not to exceed one 
year or a fine under title 18, or both.’’.
728
SEC. 4214. CRIMINAL PENALTY FOR HOLDING GOODS HOS-
TAGE . 
Section 14915 of title 49, United States Code, as added 
by section 4204 of this Act is amended by adding at the 
end the following: 
‘‘(c) CRIMINAL PENALTY.—A motor carrier that has 
been convicted of knowingly and willfully holding household 
goods hostage by falsifying documents or demanding the 
payment of charges for services that were not performed or 
were not necessary in the safe and adequate movement of 
a shipment of household goods shall be fined under title 18, 
or imprisoned not more than 2 years, or both.’’. 
TITLE V—TRANSPORTATION 
RESEARCH AND EDUCATION 
Subtitle A—Funding 
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) SURFACE TRANSPORTATION RESEARCH, DE-
VELOPMENT, AND DEPLOYMENT PROGRAM.—To carry 
out sections 502, 503, 506, 507, 509, and 510 of title 
23, United States Code, and sections 5207, 5210, 
5211, and 5402 of this title—
(A) $169,000,000 for fiscal year 2004; 
(B) $239,500,000 for fiscal year 2005;