119-hr880

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 880 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 880

A bill to amend title 49, United States Code, to clarify the authority 
of the Administrator of the Federal Motor Carrier Safety Administration 
 relating to the shipping of household goods, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 31, 2025

 Ms. Norton (for herself, Mr. Ezell, Ms. Brownley, Mr. Carter of 
 Louisiana, Mr. Hill of Arkansas, Mr. Garamendi, Mr. Cuellar, Ms. 
 Scholten, and Mr. Burchett) introduced the following bill; which was 
 referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

 A BILL

A bill to amend title 49, United States Code, to clarify the authority 
of the Administrator of the Federal Motor Carrier Safety Administration 
 relating to the shipping of household goods, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Household Goods Shipping Consumer 
Protection Act''.

SEC. 2. ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES FOR VIOLATIONS OF 
 COMMERCIAL REGULATIONS.

    (a) Enforcement by Secretary.--

Section 14914 of title 49, United 
States Code, is amended--

    (1) by redesignating subsections

    (b) ,
            (c) , and
            (d) as 
 subsections
            (c) ,
            (d) , and

    (e) , respectively;

    (2) by inserting after subsection

    (a) the following:
 ``

    (b) Enforcement by Secretary.--If, after notice and an 
opportunity for a hearing, the Secretary finds that a person violated a 
provision of part B of subtitle IV of this title, or a regulation or 
order issued pursuant to such part, the Secretary shall assess a civil 
penalty by written notice.'';

    (3) in subsection
            (c) , as redesignated by paragraph

    (1) , by 
 inserting ``or the Secretary'' after ``Board''; and

    (4) in subsection
            (d) , as redesignated by paragraph

    (1) , by 
 inserting ``or the Secretary'' after ``Board''.

    (b) Application.--

Section 501

    (b) of title 49, United States Code, 
is amended--

    (1) by inserting ``5,'' after ``20303 and chapters''; and

    (2) by inserting ``311, 313,'' after ``chapters),''.

SEC. 3. STATE USE OF GRANT FUNDS FOR COMMERCIAL ENFORCEMENT AND 
 CONSUMER PROTECTION.

 

Section 31102 of title 49, United States Code, is amended--

    (1) in subsection

    (h) --
        (A) in paragraph

    (1)
        (B) , by striking ``and'' at the 
 end;
        (B) in paragraph

    (2)
        (B) , by striking the period at 
 the end and inserting ``; and''; and
            (C) by adding at the end the following:
 ``

    (3) for the enforcement of Federal household goods 
 statutes and regulations for the interstate transportation of 
 household goods by household goods motor carriers and brokers, 
 and for the intrastate transportation of household goods by 
 household goods motor carriers if the State has adopted laws or 
 regulations that are compatible with Federal household goods 
 regulations.'';

    (2) in subsection
            (l) (2) --
        (A) in subparagraph
            (I) , by striking ``and'' at the 
 end;
        (B) by redesignating subparagraph
        (J) as 
 subparagraph
        (K) ; and
            (C) by inserting after subparagraph
            (I) the 
 following:
 ``
        (J) enforce Federal household goods statutes and 
 regulations for the interstate transportation of 
 household goods by household goods motor carriers and 
 brokers, and for the intrastate transportation of 
 household goods by household goods motor carriers if 
 the State has adopted laws or regulations that are 
 compatible with Federal household goods regulations; 
 and''; and

    (3) by adding at the end the following:
 ``
            (m) State Discretion.--The activities described in subsections

    (h)

    (3) and
            (l) (2)
        (J) are--
 ``

    (1) optional at the discretion of a State; and
 ``

    (2) not a condition on funds received under this 
 section.''.

SEC. 4. STATE RETENTION OF PENALTIES AND FINES.

 

Section 14711 of title 49, United States Code, is amended by adding 
at the end the following:
 ``

    (g) Penalties.--Notwithstanding any other provision of law, any 
fine or penalty imposed on a carrier or broker in a proceeding under 
this section shall be paid to, and retained by, the State that imposed 
such fine or penalty.''.

SEC. 5. REGISTRATION REQUIREMENTS.

    (a) 

=== Definitions. ===
-

Section 13102 of title 49, United States Code, is 
amended by adding at the end the following:
 ``

    (28) Principal place of business.--The term `principal 
 place of business' means a single physical business location of 
 a specified entity where--
 ``
        (A) management officials of such specified entity 
 report to work;
 ``
        (B) such specified entity conducts a significant 
 portion of its business relating to the transportation 
 of persons or property; and
 ``
            (C) such specified entity maintains records 
 required by part B of subtitle IV or part B of subtitle 
 VI.
 ``

    (29) Specified entity.--The term `specified entity' 
 means--
 ``
        (A) an employer, as such term is defined in 
 

section 31132;
 ``
        (B) a person;
 ``
            (C) a motor carrier, including a foreign motor 
 carrier or foreign motor private carrier;
 ``
            (D) a broker; or
 ``
        (E) a freight forwarder.''.

    (b) Motor Carrier Generally.--

Section 13902

    (a)

    (1) of title 49, 
United States Code, is amended--

    (1) in subparagraph
            (C) , by striking ``and'' at the end;

    (2) in subparagraph
            (D) , by striking the period at the end 
 and inserting ``; and''; and

    (3) by adding at the end the following:
 ``
        (E) has designated a principal place of 
 business.''.
            (c) Registration of Freight Forwarders.--

Section 13903

    (a) of title 
49, United States Code, is amended--

    (1) in paragraph

    (1) , by striking ``and'' at the end;

    (2) in paragraph

    (2) , by striking the period at the end and 
 inserting a semicolon; and

    (3) by adding at the end the following:
 ``

    (3) has designated a principal place of business; and
 ``

    (4) has disclosed any relationship involving common 
 ownership, common management, common control, or common 
 familial relationship between such person and any other motor 
 carrier, freight forwarder, broker, or any other applicant for 
 motor carrier, freight forwarder, or broker registration, if 
 the relationship occurred in the 3-year period preceding the 
 date of the filing of the application for registration.''.
            (d) Registration of Brokers.--

Section 13904

    (a) of title 49, United 
States Code, is amended--

    (1) in subsection

    (1) by striking ``and'' after the 
 semicolon;

    (2) in subsection

    (2) by striking the period and inserting 
 a semicolon; and

    (3) by inserting at the end the following:
 ``

    (3) has designated a principal place of business; and
 ``

    (4) has disclosed any relationship involving common 
 ownership, common management, common control, or common 
 familial relationship between such person and any other motor 
 carrier, freight forwarder, or broker, or any other applicant 
 for motor carrier, freight forwarder, or broker registration, 
 if the relationship occurred in the 3-year period preceding the 
 date of the filing of the application for registration.''.

    (e) Complaints and Actions on Secretary Initiatives.--

Section 13905
            (d) (2) of title 49, United States Code, is amended--

    (1) in subparagraph
            (C) 
            (iii) , by striking ``or'' at the 
 end;

    (2) in subparagraph
            (D) , by striking the period at the end 
 and inserting ``; or''; and

    (3) by adding at the end the following:
 ``
        (E) withhold, suspend, amend, or revoke any part 
 of a registration of a motor carrier, foreign motor 
 carrier, foreign motor private carrier, broker, or 
 freight forwarder if the Secretary finds that the motor 
 carrier, foreign motor carrier, foreign motor private 
 carrier, broker, or freight forwarder failed to 
 designate a valid principal place of business.''.

    (f) Requirement for Registration and USDOT Number.--

Section 31134 
of title 49, United States Code, is amended--

    (1) in subsection

    (b) --
        (A) in paragraph

    (2) , by striking ``or'' at the 
 end;
        (B) in paragraph

    (3) , by striking the period at the 
 end and inserting ``; or''; and
            (C) by adding at the end the following:
 ``

    (4) the employer or person seeking registration has 
 designated a principal place of business, as defined in 

section 13102.''; and

    (2) in subsection
            (c) (2) , by striking ``subsection

    (b)

    (1) '' 
 and inserting ``subsection

    (b) ''.
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