S 337 — Household Goods Shipping Consumer Protection Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

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TITLE 49--TRANSPORTATION

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Subtitle I--Department of Transportation

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CHAPTER 5--SPECIAL AUTHORITY

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 Subchapter I--Powers

Sec. 501. Definitions and application

 (a) In this chapter--
 (1) the definitions in sections 10102 and 13102 of 
 this title apply.
 (2) ``migrant worker'' has the same meaning given 
 that term in section 31501 of this title.
 (3) ``motor carrier of migrant workers'' means a 
 motor carrier of migrant workers subject to the 
 jurisdiction of the Secretary of Transportation under 
 section 31502(c) of this title.
 (b) Application.--This chapter only applies in carrying out 
sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) 
and 20303 and chapters 5, 205 (except section 20504(b)), 211, 
213 (in carrying out those sections and chapters), 311, 313, 
and 315 of this title.

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Subtitle IV--Interstate Transportation

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PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

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CHAPTER 131--GENERAL PROVISIONS

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Sec. 13102. Definitions

 In this part, the following definitions shall apply:
 (1) * * *

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 (27) * * *
 (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.

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CHAPTER 139--REGISTRATION

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Sec. 13902. Registration of motor carriers

 (a) Motor Carrier Generally.--
 (1) In general.--Except as otherwise provided in this 
 section, the Secretary of Transportation shall register 
 a person to provide transportation subject to 
 jurisdiction under subchapter I of chapter 135 as a 
 motor carrier using self-propelled vehicles the motor 
 carrier owns, rents, or leases only if the Secretary 
 determines that the person--
 (A) is willing and able to comply with--
 (i) this part and the applicable 
 regulations of the Secretary and the 
 Board;
 (ii) any safety regulations imposed 
 by the Secretary;
 (iii) the duties of employers and 
 employees established by the Secretary 
 under section 31135;
 (iv) the safety fitness requirements 
 established by the Secretary under 
 section 31144;
 (v) the accessibility requirements 
 established by the Secretary under 
 subpart H of part 37 of title 49, Code 
 of Federal Regulations (or successor 
 regulations), for transportation 
 provided by an over-the-road bus; and
 (vi) the minimum financial 
 responsibility requirements established 
 by the Secretary under sections 13906, 
 31138, and 31139;
 (B) has been issued a USDOT number under 
 section 31134;
 (C) has disclosed any relationship involving 
 common ownership, common management, common 
 control, or common familial relationship 
 between that 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; [and]
 (D) after the Secretary establishes a written 
 proficiency examination pursuant to section 
 32101(b) of the Commercial Motor Vehicle Safety 
 Enhancement Act of 2012, has passed the written 
 proficiency examination[.]; and
 (E) has designated a principal place of 
 business.
 (2) * * *
 (3) * * *
 (4) * * *
 (5) * * *
 (6) * * *
 (b) * * *
 (c) * * *
 (d) * * *
 (e) * * *
 (f) * * *
 (g) * * *
 (h) * * *
 (i) * * *
 (j) * * *

Sec. 13903. Registration of freight forwarders

 (a) In General.--The Secretary shall register a person to 
provide service subject to jurisdiction under subchapter III of 
chapter 135 as a freight forwarder if the Secretary determines 
that the person--
 (1) has sufficient experience to qualify the person 
 to act as a freight forwarder; [and]
 (2) is fit, willing, and able to provide the service 
 and to comply with this part and applicable regulations 
 of the Secretary[.];
 (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.
 (b) * * *
 (c) * * *
 (d) * * *
 (e) * * *

Sec. 13904. Registration of brokers

 (a) In General.--The Secretary shall register, subject to 
section 13906(b), a person to be a broker for transportation of 
property subject to jurisdiction under subchapter I of chapter 
135, if the Secretary determines that the person--
 (1) has sufficient experience to qualify the person 
 to act as a broker for transportation; [and]
 (2) is fit, willing, and able to be a broker for 
 transportation and to comply with this part and 
 applicable regulations of the Secretary[.];
 (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.
 (b) * * *
 (c) * * *
 (d) * * *
 (e) * * *
 (f) * * *
 (g) * * *

Sec. 13905. Effective periods of registration

 (a) * * *
 (b) * * *
 (c) * * *
 (d) Suspension, Amendments, and Revocations.--
 (1) Applications.--On application of the registrant, 
 the Secretary may amend or revoke a registration.
 (2) Complaints and actions on secretary's own 
 initiative.--On complaint or on the Secretary's own 
 initiative and after notice and an opportunity for a 
 proceeding, the Secretary may--
 (A) suspend, amend, or revoke any part of the 
 registration of a motor carrier, foreign motor 
 carrier, foreign motor private carrier, broker, 
 or freight forwarder for willful failure to 
 comply with--
 (i) this part;
 (ii) an applicable regulation or 
 order of the Secretary or the Board, 
 including the accessibility 
 requirements established by the 
 Secretary under subpart H of part 37 of 
 title 49, Code of Federal Regulations 
 (or successor regulations), for 
 transportation provided by an over-the-
 road bus; or
 (iii) a condition of its 
 registration;
 (B) withhold, suspend, amend, or revoke any 
 part of the registration of a motor carrier, 
 foreign motor carrier, foreign motor private 
 carrier, broker, or freight forwarder for 
 failure--
 (i) to pay a civil penalty imposed 
 under chapter 5, 51, 149, or 311;
 (ii) to arrange and abide by an 
 acceptable payment plan for such civil 
 penalty, not later than 90 days after 
 the date specified by order of the 
 Secretary for the payment of such 
 penalty; or
 (iii) for failure 1 to obey a 
 subpoena issued by the Secretary;
 (C) 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 following 
 a determination by the Secretary that the motor 
 carrier, broker, or freight forwarder failed to 
 disclose, in its application for registration, 
 a material fact relevant to its willingness and 
 ability to comply with--
 (i) this part;
 (ii) an applicable regulation or 
 order of the Secretary or the Board; or
 (iii) a condition of its 
 registration; [or]
 (D) 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, broker, 
 or freight forwarder does not disclose any 
 relationship through common ownership, common 
 management, common control, or common familial 
 relationship to any other motor carrier, 
 broker, or freight forwarder, or any other 
 applicant for motor carrier, broker, or freight 
 forwarder registration that the Secretary 
 determines is or was unwilling or unable to 
 comply with the relevant requirements listed in 
 section 13902, 13903, or 13904[.]; or
 (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.
 (3) Limitation.--Paragraph (2)(B) shall not apply to 
 a person who is unable to pay a civil penalty because 
 the person is a debtor in a case under chapter 11 of 
 title 11.
 (4) Regulations.--Not later than 12 months after the 
 date of the enactment of this paragraph, the Secretary, 
 after notice and opportunity for public comment, shall 
 issue regulations to provide for the suspension, 
 amendment, or revocation of a registration under this 
 part for failure to pay a civil penalty as provided in 
 paragraph (2)(B).
 (e) * * *
 (f) * * *
 (g) * * *

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CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

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Sec. 14711. Enforcement by State attorneys general

 (a) * * *
 (b) * * *
 (c) * * *
 (d) * * *
 (e) * * *
 (f) * * *
 (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.

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CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

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Sec. 14914. Civil penalty procedures

 (a) In General.--After notice and an opportunity for a 
hearing, a person found by the Surface Transportation Board to 
have violated a provision of law that the Board carries out or 
a regulation prescribed under that law by the Board that is 
related to transportation which occurs under subchapter II of 
chapter 135 for which a civil penalty is provided, is liable to 
the United States for the civil penalty provided. The amount of 
the civil penalty shall be assessed by the Board by written 
notice. In determining the amount of the penalty, the Board 
shall consider the nature, circumstances, extent, and gravity 
of the prohibited acts committed and, with respect to the 
violator, the degree of culpability, any history of prior 
offenses, ability to pay, and other matters that justice 
requires.
 (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.
 [(b)](c) Compromise.--The Board or the Secretary may 
compromise, modify, or remit, with or without consideration, a 
civil penalty until the assessment is referred to the Attorney 
General.
 [(c)](d) Collection.--If a person fails to pay an assessment 
of a civil penalty after it has become final, the Board or the 
Secretary may refer the matter to the Attorney General for 
collection in an appropriate district court of the United 
States.
 [(d)](e) Refunds.--The Board may refund or remit a civil 
penalty collected under this section if--
 (1) application has been made for refund or remission 
 of the penalty within 1 year from the date of payment; 
 and
 (2) the Board finds that the penalty was unlawfully, 
 improperly, or excessively imposed.

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Subtitle VI--Motor Vehicle and Driver Programs

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PART B--COMMERCIAL

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CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

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Subchapter I--General Authority and State Grants

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Sec. 31102. Motor carrier safety assistance program

 (a) * * *
 (b) * * *
 (c) * * *
 (d) * * *
 (e) * * *
 (f) * * *
 (g) * * *
 (h) Use of Grants To Enforce Other Laws.--When approved as 
part of a State's plan under subsection (c), the State may use 
motor carrier safety assistance program funds received under 
this section--
 (1) if the activities are carried out in conjunction 
 with an appropriate inspection of a commercial motor 
 vehicle to enforce Federal or State commercial motor 
 vehicle safety regulations, for--
 (A) enforcement of commercial motor vehicle 
 size and weight limitations at locations, 
 excluding fixed-weight facilities, such as near 
 steep grades or mountainous terrains, where the 
 weight of a commercial motor vehicle can 
 significantly affect the safe operation of the 
 vehicle, or at ports where intermodal shipping 
 containers enter and leave the United States; 
 and
 (B) detection of and enforcement actions 
 taken as a result of criminal activity, 
 including the trafficking of human beings, in a 
 commercial motor vehicle or by any occupant, 
 including the operator, of the commercial motor 
 vehicle; [and]
 (2) for documented enforcement of State traffic laws 
 and regulations designed to promote the safe operation 
 of commercial motor vehicles, including documented 
 enforcement of such laws and regulations relating to 
 noncommercial motor vehicles when necessary to promote 
 the safe operation of commercial motor vehicles, if--
 (A) the number of motor carrier safety 
 activities, including roadside safety 
 inspections, conducted in the State is 
 maintained at a level at least equal to the 
 average level of such activities conducted in 
 the State in fiscal years 2014 and 2015; and
 (B) the State does not use more than 10 
 percent of the basic amount the State receives 
 under a grant awarded under section 31104(a)(1) 
 for enforcement activities relating to 
 noncommercial motor vehicles necessary to 
 promote the safe operation of commercial motor 
 vehicles unless the Secretary determines that a 
 higher percentage will result in significant 
 increases in commercial motor vehicle 
 safety[.]; and
 (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.
 (i) * * *
 (j) * * *
 (k) * * *
 (l) High Priority Program.--
 (1) In general.--The Secretary shall administer a 
 high priority program funded under section 31104(a)(2) 
 for the purposes described in paragraphs (2) through 
 (5).
 (2) Activities related to motor carrier safety.--The 
 Secretary may make discretionary grants to and enter 
 into cooperative agreements with States, local 
 governments, federally recognized Indian tribes, other 
 political jurisdictions as necessary, and any person to 
 carry out high priority activities and projects that 
 augment motor carrier safety activities and projects 
 planned in accordance with subsections (b) and (c), 
 including activities and projects that--
 (A) increase public awareness and education 
 on commercial motor vehicle safety;
 (B) target unsafe driving of commercial motor 
 vehicles and noncommercial motor vehicles in 
 areas identified as high risk crash corridors;
 (C) improve the safe and secure movement of 
 hazardous materials;
 (D) improve safe transportation of goods and 
 persons in foreign commerce;
 (E) demonstrate new technologies to improve 
 commercial motor vehicle safety;
 (F) support participation in performance and 
 registration information systems management 
 under section 31106(b)--
 (i) for entities not responsible for 
 submitting the plan under subsection 
 (c); or
 (ii) for entities responsible for 
 submitting the plan under subsection 
 (c)--
 (I) before October 1, 2020, 
 to achieve compliance with the 
 requirements of participation; 
 and
 (II) beginning on October 1, 
 2020, or once compliance is 
 achieved, whichever is sooner, 
 for special initiatives or 
 projects that exceed routine 
 operations required for 
 participation;
 (G) conduct safety data improvement 
 projects--
 (i) that complete or exceed the 
 requirements under subsection (c)(2)(P) 
 for entities not responsible for 
 submitting the plan under subsection 
 (c); or
 (ii) that exceed the requirements 
 under subsection (c)(2)(P) for entities 
 responsible for submitting the plan 
 under subsection (c);
 (H) support, through the use of funds 
 otherwise available for such purposes--
 (i) the recognition, prevention, and 
 reporting of human trafficking, 
 including the trafficking of human 
 beings--
 (I) in a commercial motor 
 vehicle; or
 (II) by any occupant, 
 including the operator, of a 
 commercial motor vehicle;
 (ii) the detection of criminal 
 activity or any other violation of law 
 relating to human trafficking; and
 (iii) enforcement of laws relating to 
 human trafficking;
 (I) otherwise support the recognition, 
 prevention, and reporting of human trafficking; 
 [and]
 (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
 [(J)](K) otherwise improve commercial motor 
 vehicle safety and compliance with commercial 
 motor vehicle safety regulations.
 (3) * * *
 (4) * * *
 (5) * * *
 (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.

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Subchapter III--Safety Regulation

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Sec. 31134. Requirement for registration and USDOT number

 (a) * * *
 (b) Withholding Registration.--The Secretary shall register 
an employer or person under subsection (a) only if the 
Secretary determines that--
 (1) the employer or person seeking registration is 
 willing and able to comply with the requirements of 
 this subchapter and the regulations prescribed 
 thereunder and chapter 51 and the regulations 
 prescribed thereunder;
 (2)(A) 1 during the 3-year period before the date of 
 the filing of the application, the employer or person 
 is not or was not related through common ownership, 
 common management, common control, or common familial 
 relationship to any other person or applicant for 
 registration subject to this subchapter who, during 
 such 3-year period, is or was unfit, unwilling, or 
 unable to comply with the requirements listed in 
 subsection (b)(1); [or]
 (3) the employer or person has disclosed to the 
 Secretary any relationship involving common ownership, 
 common management, common control, or common familial 
 relationship to any other person or applicant for 
 registration subject to this subchapter[.]; or
 (4) the employer or person seeking registration has 
 designated a principal place of business, as defined in 
 section 13102.
 (c) Revocation or Suspension of Registration.--The Secretary 
shall revoke the registration of an employer or person issued 
under subsection (a) after notice and an opportunity for a 
proceeding, or suspend the registration after giving notice of 
the suspension to the employer or person, if the Secretary 
determines that--
 (1) the employer's or person's authority to operate 
 pursuant to chapter 139 of this title is subject to 
 revocation or suspension under sections 13905(d)(1) or 
 13905(f) of this title;
 (2) the employer or person has knowingly failed to 
 comply with the requirements listed in [subsection 
 (b)(1)] subsection (b);
 (3) the employer or person has not disclosed any 
 relationship through common ownership, common 
 management, common control, or common familial 
 relationship to any other person or applicant for 
 registration subject to this subchapter that the 
 Secretary determines is or was unfit, unwilling, or 
 unable to comply with the requirements listed in 
 subsection (b)(1);
 (4) the employer or person refused to submit to the 
 safety review required by section 31144(g) of this 
 title.
 (d) * * *
 (e) * * *

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